REESE  LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

Class 


of  American  (Sobernmrnt 


ILatornue  8.  Ebans,  ^ptj.iB. 

PROFESSOR   OF   HISTORY  IN  TUFTS  COLLEGE 


The  Government  of  Minnesota 


HANDBOOKS  OF  AMERICAN  GOVERNMENT 


The 
Government  of  Minnesota 

Its  History  and  Administration 


BY 

FRANK    L.    McVEY,   PH.D. 

PROFESSOR  OF  ECONOMICS  IN  THE  UNIVERSITY  OF  MINNESOTA 


THE    MACMILLAN   COMPANY 

LONDON  :  MACMILLAN  &  CO.,  LTD. 
1901 

All  rights  reserved 


COPYRIGHT,  1901, 
BY  THE  MACMILLAN  COMPANY. 


NortoooB 
J.  S.  Cashing  &  Co.  -  Berwick  &  Smith 
Norwood  Mass.  U.S.A. 


A.    H.   M. 


PREFACE 

IT  has  been  the  purpose  of  the  author  to  present  in  a 
small  volume  a  harmonious  picture  of  the  history  and  gov- 
ernment of  the  commonwealth  of  Minnesota.  There  is  a 
pressing  and  crying  need  for  good  teaching  in  civil  govern- 
ment, a  subject  which  has  been  and  is  largely  neglected  in 
our  public  schools.  To  facilitate  such  teaching  carefully 
prepared  books  are  necessary.  This  volume  is  an  attempt 
thoroughly  to  analyze  the  functions  of  a  State  government, 
and  in  addition  to  open  the  way  to  teacher  and  pupil  to  the 
sources  of  information.  At  the  foot  of  many  pages  are 
numerous  references,  while  at  the  end  of  the  book  is  an 
appendix  containing  historical  material  for  more  extensive 
work  than  the  text  affords.  With  such  aid  the  teacher  can 
go  back  of  text-book  statement  into  the  spirit  of  our  com- 
monwealth's institutions. 

The  effort  in  Chapters  I  and  II  is  to  place  the  history 
of  the  State  before  the  student ;  following  these  chapters  are 
two  others  on  the  general  machinery  of  the  government. 
The  remainder  of  the  book  is  devoted  to  the  actual  work- 
ings of  the  machinery.  It  is  to  be  remembered  that  legisla- 
tion changes  from  time  to  time  the  details  of  government ; 
particularly  was  this  true  at  the  meeting  of  the  legislature 
of  1899,  which  altered  the  school  system  and  the  national 


viii  Preface 

guard,  established  the  primary  election  law  in  one  county, 
and  changed  the  city  charter  act.  To  keep  in  touch  with 
such  legislation  is  a  part  of  the  work  of  the  teacher.  The 
book  as  now  constituted  contains  all  modifications  of  the 
statutes  up  to  1900.  The  changes  in  the  future  will  not 
alter  the  frame  or  general  features  of  the  government,  but 
may  make  many  alterations  in  the  details  of  the  machinery. 
In  the  preparation  of  the  volume  the  author  has  been 
materially  aided  by  the  suggestions  of  the  editor  of  the 
series,  Professor  Lawrence  B.  Evans  of  Tufts  College,  and 
by  Professor  William  W.  Folwell  of  the  University  of 
Minnesota. 

F.  L.  M. 
MINNEAPOLIS,  December,  1900. 


CONTENTS 

CHAPTER   I 
MINNESOTA  AS  A  TERRITORY 

PACK 

§  i.  References.  §  2.  Physical  Territory.  §  3.  Explorers. 
§  4.  Settlements.  §  5.  The  Organization  of  Minnesota  Ter- 
ritory   I 

CHAPTER  II 

MINNESOTA  AS  A  STATE 

§  6.  References.  §  7.  The  Enabling  Act.  §  8.  The  Constitu- 
tional Convention.  §  9.  Organization  of  the  Government. 
§  10.  Minnesota  in  the  Civil  War.  §  1 1.  The  Sioux  Massacre. 
§  12.  The  Building  of  Railroads.  §  13.  The  Growth  of  the 
State.  §  14.  Chronological  Arrangement  of  the  History  of 
Minnesota 16 

CHAPTER  III 
ORGANIZATION  OF  THE  STATE 

§  15.  References.  §  16.  Restricted  Powers  of  the  State.  §  17.  The 
Constitution,  Preamble,  and  Bill  of  Rights.  §  18.  Amendment 
and  Revision  of  the  Constitution.  §  19.  Administrative 
Divisions 38 

CHAPTER  IV 
THE  CENTRAL  GOVERNMENT 

§  20.  References.  §  21.  The  Executive.  §  22.  Other  Elective 
Officers.  §  23.  Appointive  Officers.  §  24.  Commissions  and 
Boards.  §  25.  The  Legislature.  §  26.  The  Judiciary  .  .  48 


x  Contents 

CHAPTER  V 
LOCAL  GOVERNMENT 

PAGE 

§  27.  References.  §  28.  The  County.  §  29.  The  Township. 
§  30.  The  Village.  §  31.  Cities.  §  32.  Minneapolis.  §  33.  St. 
Paul.  §  34.  Duluth 61 

CHAPTER  VI 
NOMINATIONS  AND  ELECTIONS 

§35.  References.  §  36.  Who  are  Voters?  §  37.  Nomination 
of  Candidates.  §  38.  The  Corrupt  Practices  Act.  §  39.  Ma- 
chinery of  Elections.  §  40.  The  Conduct  of  Elections. 
§  41.  Canvassing  Boards  « 9° 

CHAPTER  VII 

THE  ADMINISTRATION  OF  JUSTICE 

§  42.  References.  §  43.  The  Judicial  Power.  §  44.  The  Local 
and  District  Courts.  §  45.  The  Supreme  Court.  §  46.  Civil 
Procedure.  §  47.  Criminal  Procedure 109 

CHAPTER  VIII 

REVENUE  AND  EXPENDITURE 

§  48.  References.  §  49.  Receipts  and  Expenses.  §  50.  The 
Kinds  of  Taxes.  §  51.  The  Assessment  of  Property. 
§  52.  The  Levying  and  Collection  of  Taxes.  §  53.  The  Ex- 
penditure of  Public  Money  127 

CHAPTER  IX 
EDUCATION 

§  54.  References.  §  55.  The  Growth  of  the  School  System. 
§  56.  The  Organization  of  the  School  System.  §  57.  The  Sup- 


Contents  xi 


port  of  the  Schools.  §  58.  Administration  of  the  School 
System.  §  59.  Normal  Schools.  §  60.  The  University. 
§  61.  Fanners'  Institutes,  Free  Text-books,  and  Libraries  .  139 


CHAPTER  X 
THE  PROTECTION  OF  THE  STATB 

62.  References.  §  63.  The  Problems.  §  64.  Charitable  Insti- 
tutions. §  65.  Correctional  Institutions.  §  66.  The  Board  of 
Charities  and  Corrections.  §  67.  The  Militia.  §  68.  The 
Naval  Reserves 158 


APPENDIX 

A.  The  Governors  of  Minnesota 173 

B.  Members  of  the  First  Legislature  of  Minnesota     .         .         .  174 

C.  Population  of  Minnesota  in  1849 175 

D.  Growth  of  Population  in  Minnesota 176 

£.  Nativity  of  the  Population  of  Minnesota       .         .         .         .180 

F.  Growth  of  Cities  in  Minnesota  from  1890  to  1895          •         .184 

G.  An  Act  to  establish  the  Territorial  Government  of  Minnesota  186 
H.  The  Enabling  Act  of  Minnesota 196 

I.  An  Act  for  the  Admission  of  Minnesota  into  the  Union         .  200 

J.  Parts  of  the  Constitution  of  Minnesota 202 

K.  Presidential  Vote  of  Minnesota 223 

L.  State  Officers  of  Minnesota 224 

M.  County  Officers  of  Minnesota 226 

N.  Town  Officers  of  Minnesota 227 

O.  Village  Officers  of  Minnesota 228 

P.  City  Officers  of  Minnesota 229 

Q.  References  to  Minnesota  in  Congressional  Documents  .         .  230 

INDEX 233 


GOVERNMENT   OF   MINNESOTA 

CHAPTER  I 

MINNESOTA  AS  A  TERRITORY 

i.   REFERENCES 

Stevens,  Personal  Recollections  of  Minnesota  and  its  People,  Minne- 
apolis, 1890 ;  Charlotte  Ouisconsin  Van  Cleve,  Three  Score  Years  and 
Ten,  Minneapolis,  1888 ;  West,  Ancestry,  Life,  and  Times  of  H.  H. 
Sibley,  St.  Paul,  1889  ;  Neill,  History  of  Minnesota,  St.  Paul,  1890  ;  The 
Publications  of  the  Minnesota  Historical  Society ;  some  of  the  articles 
are  particularly  important  and  will  be  referred  to  specifically  ;  Journals 
of  the  Council  and  House  of  Representatives  of  the  First  Session  of  the 
Legislative  Assembly  of  the  Territory  of  Minnesota,  1849;  Williams, 
History  of  St.  Paul,  St  Paul,  1876 ;  Keating,  Narrative  of  an  Expedi- 
tion to  the  Source  of  St.  Peter's  River,  London,  1825  ;  articles  on  Minne- 
sota in  Johnson's  Cyclopaedia  and  Encyclopaedia  Britannica.  A 
description  of  the  territory  may  be  found  in  the  introduction  of  Neill, 
History  of  Minnesota,  and  in  The  Report  of  the  Geological  Survey  of 
Minnesota,  I,  a  set  of  which  is  deposited  in  the  office  of  each  county 
auditor. 

There  is  the  series  of  pamphlets  on  Minnesota  History,  written  and 
edited  by  Dr.  E.  D.  Neill,  under  the  title  oiMacalcster  College  Contribu- 
tions. Among  these  are  many  sketches  and  much  valuable  material 
relating  to  the  early  history  of  the  State.  The  following  are  useful : 
The  Beginning  of  Organized  Society  in  the  Saint  Croix  Valley,  1890, 
No.  3;  The  Development  of  Trade  on  Lake  Superior,  No.  4;  Sieur  La 
Ronde,  the  First  Navigator  of  Lake  Superior,  No.  7  ;  Pierre  Paul,  the 
Commandant  at  Lake  Pepin,  1750-1752,  No.  9  ;  A  Memoir  of  the  Sioux, 
No.  10  ;  Memoir  of  William  T.  Boutwell,  S.  S.,  No.  I  ;  The  Critical 
Period  of  the  French  Traders  on  Lakes  Michigan  and  Superior,  1684, 
S.  S.,  No.  7  ;  A  Memorial  of  the  Brothers  Pond,  S.  S.,  No.  8. 


2  Minnesota  as  a  Territory 

2.  THE  PHYSICAL  TERRITORY 
In  the  exact  centre  of  North  America  lies  the  won- 
derful region  known  as  Minnesota.  The  State  by 
that  name  extends  four  hundred  miles  from  north  to 
south,  while  the  traveller  journeys  the  third  of  a 
thousand  miles  in  crossing  it  from  east  to  west.1 
Within  this  empire-like  land  are  nearly  eighty-five 
thousand  square  miles  of  territory.  This,  translated 
into  acres,  carries  the  figures  into  the  fifty  millions ; 
but  so  numerous  are  the  lakes,  numbering  about  ten 
thousand,  that  a  seventeenth  part  of  the  territory  is 
water.  The  general  character  of  the  surface  is  that 
of  a  high,  rolling  prairie,  ranging,  on  the  average, 
twelve  hundred  feet  above  the  sea  level,  but  the 
highest  point  is  more  than  a  thousand  feet  above 
this.2  Streams  and  lakes  found  in  all  parts  of  the 
State  are  heavily  wooded  with  every  species  of  timber 
known  on  the  upper  Mississippi,  except  the  beech  and 
sycamore.  At  one  time  the  northern  part  of  the 
State  was  covered  by  a  dense  forest  of  pine,  tama- 
rack, spruce,  birch,  and  cedar,  but  it  is  now  rapidly 
disappearing  under  the  vigorous  attacks  of  the  lum- 
ber companies.  Fertile  indeed  is  the  soil  and  par- 
ticularly adapted  to  the  growing  of  wheat,  corn,  oats, 
and  barley ;  the  small  fruits  and  vegetables  flourish 
in  great  abundance. 

The  last  few  years  have  brought  to  the  attention 
of  the  world  the  iron  wealth  of  Minnesota,  stored 
in  the  Mesabi  and  Vermillion  ranges.3  It  is  in  an 

1  354  miles  wide.    The  State  lies  within  the  parallels  43°  30'  and  49° 
north  latitude,  and  the  meridians  89°  39'  and  97°  5'  west  longitude. 

2  Minnesota  Historical  Society's  Publications,  I.  37. 
8  The  output  in  1899  was  7,000,000  tons. 


The  Physical  Territory  3 

ancient  archaean  axis  traversing  the  centre  of  the 
State  from  northeast  to  southwest,  that  the  iron 
mines  are  located.1  The  ore  is  a  soft  hematite,  very 
rich  and  free  from  impurities,  and  so  perfectly 
adapted  to  the  making  of  Bessemer  steel  that  it  is 
sought  eagerly  by  manufacturers.  In  addition  to 
this  great  mineral  wealth  are  sands  useful  in  glass 
making,  building  stone  of  many  varieties,  clay  for 
the  potter,  and,  in  the  Rainy  Lake  region,  gold  in 
limited  quantities.  Minnesota,  with  its  natural  re- 
sources and  splendid  territory,  is  a  richly  endowed 
commonwealth.  With  the  first  historian  of  the  State, 
we  can  say :  "  Minnesota  is  the  birthplace  of  many 
rivers,  flowing  north,  south,  east,  and  west;  with 
varied  scenery,  the  prairie,  the  forest,  the  lofty  bluff, 
the  placid  lake,  and  the  laughing  waterfall ;  the  sum- 
mit of  the  central  valley  of  North  America ;  with  an  7^ 
atmosphere  peculiarly  dry  and  bracing,  it  must  ever  heritage  of 
be  attractive  to  emigrants  from  all  regions  of  the 
world.  If  the  aims  of  her  citizens  only  correspond 
with  the  elevated  natural  position  and  advantages, 
the  cattle  upon  a  thousand  hills  will  soon  occupy  the 
old  pasture  grounds  of  the  elk  and  bison,  and  school- 
houses  will  crown  the  eminences  but  lately  adorned 
with  burial  scaffolds ;  and  the  State  will  become  the 
birthplace  of  not  only  majestic  rivers,  but  great  men."  2 
To  the  people  of  Minnesota  has  fallen  this  heri- 
tage, which  they  have  used  wisely  and  well,  as  the 
institutions,  wealth,  and  power  of  her  citizens  testify. 
Less  than  three-quarters  of  a  century  ago  the  main 
portion  of  the  present  State  was  occupied  by  the 

1  Johnson's  Cyclopaedia,  article  "  Minnesota." 

2  Neill,  History  of  Minnesota,  xl. 


4  Minnesota  as  a  Territory 

Sioux  and  Chippeway  Indians ;  only  a  few  scattered 
trading  posts  then  existed,  and  nothing  that  could  be 
called  a  real  settlement.  In  that  brief  time  the  orig- 
inal holders  of  the  soil  have  been  dispossessed  by 
purchase,  treaty,  and  warfare,  until  the  whole  area, 
once  a  wilderness,  is  dotted  by  farms,  houses,  villages, 
and  towns.  The  Indians  in  their  turn  are  confined 
to  small  reservations,  which  in  time  will  also  be  given 
over  to  the  agriculturist. 


3.    EXPLORERS 

Three  sets  of  early  explorers  travelled  over  the 
territory  called  Minnesota.  The  French,  ambitious 
and  restless,  moved  westward  seeking  treasure  and 
adventure;  the  English,  in  control  only  during  the 
short  period  between  the  French  and  Indian  War  and 
the  Revolution,  were  too  busily  engaged  elsewhere  to 
pay  much  attention  to  what  was  then  the  far  West. 
When  the  Americans  therefore  acquired  the  country 
early  in  the  nineteenth  century,  the  region  was  little 
known,  and  expeditions  were  sent  out  under  the  aus- 
pices of  the  government  to  explore  it 

Nearly  seventy  years  before  the  English  had  built 
Jamestown,  the  French  had  a  rendezvous  in  Canada. 
The  explorations  of  the  great  lakes  went  on  slowly 
until  the  coming  of  Champlain.  This  great  French- 
man reached  Georgian  Bay  in  1643.  Twenty-eight 
years  later  two  Jesuit  priests  made  their  way  to  the 
Sault  Ste.  Marie.  Glowing  accounts  were  sent  to 
France  of  the  vast  trading  possibilities  and  the  im- 
mense copper  deposits  in  this  northwest  region.  Jean 
Nicollet,  an  interpreter  of  the  Canadian  Fur  Company, 


Explorers  5 

was  the  first  white  man  to  reach  the  Green  Bay  in  the 
north  of  Wisconsin  ;  *  but  the  first  white  men  to  enter 
Minnesota  were  Radisson  and  Grosseillier,  in  1659. 
Not  properly  encouraged,  according  to  their  notion, 
by  the  French  government,  they  transferred  their 
iance  to  the  English  and  made  other  explorations 
under  their  flag.  Rene*  Menard,  a  Jesuit,  reached  the 
Black  River,  by  way  of  the  Mississippi,  in  1661,  but 
lost  his  life  in  the  woods.  Allouez  in  1665  established 
a  mission  at  La  Pointe,  Wisconsin.  Thus  far  all  of 
the  explorations  had  been  around  the  edge  <3f  the 
State.2  The  governor  of  Canada,  anxious  to  get  more 
definite  information,  sent  the  Sieur  Du  Lhut,  Daniel 
solon,  to  the  Lake  Superior  region  in  1679.* 
This  explorer  went  into  the  State  as  far  as  Mille  Lac. 
He  was  followed  by  Father  Hennepin,  a  Franciscan 
monk,  who  ascended  the  Mississippi  from  the  Illinois 
River,  and  finally  reached  St.  Anthony  Falls,  the 
present  site  of  Minneapolis,  in  1680.  Le  Sueur,  at 
the  opening  of  the  century,  explored  what  is  now 
called  the  Minnesota  River  as  far  as  the  Blue  Earth 
River.4  At  the  junction  of  the  two  streams  he  estab- 
lished a  post.  With  Le  Sueur  French  exploration 

ses. 

The  French  were  confined  in  their  movements  to  a  Difficulties 
strip  of  territory  on  the  same  parallel  with  Quebec,  JJJethFerewnacyh.°f 
extending  west.     This  was  in  reality  the  line  of  least 
resistance.     Very  few  of  their  explorers  were  able  to 
get  north  or  south  of  Minnesota  and  Lake  Superior. 


See  account  in  Neill,  History  of  Minnesota,  100.  See 
also  whole  of  ch.  iv.  in  the  above  history.  Minn.  Hist.  Soc.  Pub., 
I.  183. 

-Minn.  Hist.  Soc.  Pub.,  I.  17.  •  Ibid.,  314.  4  Ibid.,  319. 


6  Minnesota  as  a  Territory 

Charles  II.  of  England  had  given  a  charter  to  the 
Hudson  Bay  Company  in  1679,  granting  to  it  the 
territory  about  Hudson  Bay,  which  had  been  discov- 
ered by  Radisson  and  Grosseillier  when  serving  under 
the  English  flag.  The  Treaty  of  Ryswick  in  1697 
acknowledged  this  claim,  and  from  that  date  the 
English  captured  or  killed  the  French  traders  appear- 
ing in  the  Hudson  Bay  district.  At  the  south  the 
hostile  Iroquois  made  war  upon  all  Frenchmen. 
Between  these  two  enemies  the  French  carried  on 
their  trade  explorations,  and  this  situation  accounts 
for  the  early  entrance  of  the  French  into  the  Minne- 
sota territory. 

In  the  French  and  Indian  War,  ending  in  1763, 
the  French  lost  Canada,  and  England  became  the 
ruler  of  all  the  territory  in  North  America  east  of 
the  Mississippi,  with  the  exception  of  Louisiana  and 
Florida.  Twenty  years  later  the  United  States  won 
its  independence  and  came  into  possession  of  the  ter- 
ritory east  of  the  Mississippi  and  south  of  Canada. 
During  the  period  of  English  possession  Jonathan 
Carver  left  Boston  under  the  semi-authority  of  the 
British  government  to  make  explorations  in  the  North- 
west. His  journey  included  voyages  on  the  Missis- 
sippi from  the  Wisconsin  River  to  the  Elk,  and,  re- 
turning to  the  mouth  of  the  Minnesota,  he  ascended 
that  stream  as  far  as  the  Cotton  wood  River.  An 
account  of  the  exploration  was  published  in  Dublin 
in  1779.! 

By  the  Treaty  of  1783  with  Great  Britain  and  the 
Louisiana  purchase  in  1803  the  United  States  ac- 

1Neill,  History  of  Minnesota,  202-221,  also  Minn.  Hist.  Soc.  Pub., 
I.  349- 


Explorers  7 

quired  a  great  unknown  region.  The  government 
sent  successive  expeditions  into  this  territory  to  gather 
information  and  make  treaties  with  the  Indian  tribes. 
The  first  of  these  was  that  of  Lieutenant  Zebulon 
Pike,  who  was  sent  in  1805  to  enforce  the  federal 
laws,  which  were  disregarded  by  the  English  traders 
after  the  transfer  of  the  region  to  the  United  States. 
He  was  also  to  make  treaties  with  the  Indians,  and 
through  his  efforts  the  cession  of  the  Fort  Snelling 
military  reservation  was  obtained.1  The  British  and 
Canadian  traders  were  subdued  for  a  time,  but  the 
War  of  1812  gave  them  further  opportunity  to 
encourage  the  hostility  of  the  Indians,  and  for 
several  years  the  new  territory  received  but  little 
attention  from  the  government  of  the  United  States. 
The  governor  of  Michigan,  Lewis  Cass,  was  anxious 
to  visit  all  parts  of  the  land  under  his  jurisdiction. 
On  the  1 8th  of  November,  1819,  he  proposed  to  the 
Secretary  of  War,  Mr.  Calhoun,  the  exploration  of  the 
recently  annexed  portion  of  Michigan,  and  received 
permission  to  undertake  it.  Governor  Cass  and  his  Expeditions, 
followers  entered  the  State  at  the  head  of  Lake 
Superior  and  proceeded  as  far  south  and  west  as 
St.  Anthony  Falls ;  the  expedition  was  not  produc- 
tive of  results.2  The  government  still  seeking  more 
definite  knowledge,  sent,  in  1823,  Major  Stephen  F. 
Long,  an  officer  who  had  already  made  one  journey 
years  before  from  St.  Louis  to  St.  Anthony  Falls, 

1  This  cession  included  a  tract  of  land  at  the  mouth  of  the  St.  Croix, 
and  also  a  tract  beginning  below  the  conflux  of  the  Mississippi  and  St. 
Peter's,  and  extending  up  the  Mississippi  to  include  the  Falls  of  St. 
Anthony  and  nine  miles  on  each  side  of  the  river. 

2  See  account  in  NeilFs  History  of  Minnesota,  321. 


8  Minnesota  as  a  Territory 

to  explore  Minnesota.  The  expedition  went  three- 
quarters  around  the  State  by  the  way  of  the  Minnesota 
River,  Big  Stone  Lake,  Red  River,  Lake  of  the 
Woods,  and  Rainy  Lake  to  Lake  Superior.1  Much 
valuable  information  was  secured  through  the  efforts 
of  Major  Long. 

Possibly  the  most  famous  of  the  expeditions  was 
the  one  under  the  leadership  of  Schoolcraft.  A 
number  of  distinguished  men  accompanied  the  ex- 
ploring party,  among  whom  were  Dr.  Douglass 
Houghton,  botanist  and  geologist,  and  the  Rev.  W. 
T.  Boutwell,  a  missionary  of  the  American  Board  of 
Foreign  Missions.2  Pipes  of  peace  were  smoked 
with  the  Indians,  councils  held,  and  speeches  made 
to  some  purpose.  The  chief  result  of  the  expedition 
in  Mr.  Schoolcraft's  view  was  the  discovery  of  the 
source  of  the  Mississippi  in  a  lake  to  which  he  gave 
the  name  Itasca.  A  number  of  minor  explorations 
were  made  by  George  Catlin  and  Featherstonehaugh 
in  1835,  by  Jean  Nicollet  in  1836,  and  by  David  D. 
Owen  in  1847.  This  last  expedition  was  sent  by  the 
government  to  locate  the  boundary  between  Canada 
and  Minnesota.  An  extensive  literature  was  the  out- 
come of  the  last  expeditions.  In  1872  the  legislature 
of  Minnesota  authorized  a  geological  and  natural 
history  survey  of  the  State.  The  geological  portion 
was  finished  in  1899;  other  branches  are  still  in 
progress. 

4.    SETTLEMENTS 

The  settlement  of  a  new  region  is  a  long  and 
hazardous  undertaking.  The  explorer  is  soon  fol- 

"  Keating,  Expedition  to  St.  Peter's  River,  II.  ch.  v. 

2  Journal  of  W.T.  Boutwell,  Minn.  Hist.  Soc.  Pub.,  I.  153. 


Settlements  9 

lowed  by  the  trader  and  the  missionary,  who  in  turn  Traders, 
are  followed  by  men  seeking  new  homes.  Thus  Missionar 
settlements  come  to  be  made,  and  a  permanent  popu-  andpione 
lation  grows  up.  Nicolas  Perrot  established  possibly 
the  first  trading  post  in  the  West  at  the  mouth  of 
the  Black  River.  This  was  in  1685.  Then  came  Le 
Sueur,  who  in  1695  built  a  house  on  Isle  Pelee  not 
far  above  Lake  Pepin.  The  hostility  of  the  Indians 
prevented  trading,  and  nothing  was  done  by  the  TheFrem 
French  to  establish  trade  relations  until  1728,  when  traders- 
a  fort  was  erected  on  Lake  Pepin.  The  builder  of 
it,  Pierre  Paul,  was  forced  to  give  up  his  post,  and 
in  1752  another  attempt  was  made  at  the  same  place 
with  a  similar  result.  Louis  Denis,  the  Sieur  La 
Ronde,  in  1726  was  given  a  concession  for  a  trading 
post  at  Chagoumigan  on  Lake  Superior.  The  French 
carried  on  considerable  traffic  with  the  Indians,  but 
their  trade  was  extremely  hazardous.  North  of  the 
French  the  English  had  seized  the  land  about  Hud- 
son Bay  on  the  strength  of  the  discoveries  of  Hen- 
rick  Hudson  and  the  two  French  explorers,  Radisson 
and  Grosseillier.1  The  Hudson  Bay  Company  was 
formed  under  a  charter  from  Charles  II.,  and  stead- 
ily resisted  any  attempt  of  the  French  to  build  posts 
or  to  trade  in  the  Northwest  so  long  as  Canada  re- 
mained under  the  control  of  the  French.2  This  hos- 
tility was  transferred  to  the  American  companies 
established  after  1783,  and  as  a  result  a  long  and 
bitter  warfare  was  carried  on  between  the  Hudson 
Bay  Company  and  the  Northwestern  Fur  Company, 
and  its  successor  the  American  Fur  Company  which 

1  See  page  5. 

2  See  article  on  "  Hudson  Bay,"  Minn.  Hist.  Soc.  Pub.,  I.  207. 


io  Minnesota  as  a  Territory 

was  organized  in  1808  under  a  charter  from  the  New 
York  legislature.1  The  War  of  1812  retarded  the 
business  of  the  latter  organization  so  that  it  did  not 
really  get  into  the  field  until  after  its  close.  By  1830 
the  company  had  erected  posts  at  Madeline  Island  and 
La  Pointe,  Wisconsin,  and  Mendota  in  Minnesota. 

Various  settlements  now  made  their  appearance. 
The  erection  of  Fort  Snelling  had  been  ordered  by 
Congress  as  early  as  1819,  but  the  fort  was  not  built 

laments,  until  1 82 2.  Ten  years  before  this  Lord  Selkirk  had 
established  a  colony  on  the  Red  River,  where  a  grant 
of  land  had  been  given  him  by  the  Hudson  Bay  Com- 
pany. The  colony  suffered  so  severely  from  locusts 
that  a  large  number  of  its  members  left  their  new 
homes  in  1827,  and  came  to  Fort  Snelling,  which  was 
then  a  flourishing  post.  In  1837  tne  Indians  ceded 
all  of  their  land  east  of  the  Mississippi  to  the  United 
States.  This  was  a  memorable  year  for  Minnesota,  for 
it  opened  up  some  of  the  great  resources  of  the  State 
to  the  exploitation  of  actual  settlers.2  Lumber  com- 
panies were  organized ;  towns  appeared  at  St.  Croix 
Falls  and  Marine  Mills  in  the  following  year.  The  first 
house  upon  the  present  site  of  St.  Paul  was  also  built 
in  this  year,  1838.  Stillwater  was  founded  in  1843, 
and  St.  Anthony  in  1847.  In  1849  Minnesota  was 
organized  as  a  territory  and  had  a  population  of  494O.3 
From  the  time  when  the  white  men  first  came  into 

sionaries.  Minnesota  efforts  were  made   to  establish  missions. 

1The  two  companies  were  united  in  1822. 

2  Williams,  History  of  St.  Paul,  57.  The  payment  was  $300,000 
invested  in  five  per  cent  stocks,  #110,000  for  mixed  bloods,  and  $90,000 
to  pay  the  debts  of  the  tribe. 

8  See  Appendix  C. 


The  Organization  of  Minnesota   Territory       1 1 

Some  of  the  early  explorers  like  Menard,  Allouez,  and 
Father  Hennepin  were  missionaries,  but  they  were 
not  successful  in  establishing  permanent  missions. 
The  first  successful  efforts  to  establish  Christianity  in 
Minnesota  were  made  by  the  Roman  Catholic  Church, 
but  representatives  of  other  denominations  appeared 
in  the  field  early  in  the  present  century.  The  work 
of  the  trader  and  pioneer  was  softened  and  directed 
toward  better  things  by  these  earnest  men,  among 
whom  will  always  be  remembered  Boutelle,  Stearns, 
and  the  Pond  Brothers.  The  first  Indian  mission  in 
the  territory  was  at  Sandy  Lake  in  1832.  Other 
missions  were  established  at  Leech  Lake  in  1834, 
Lakes  Harriet  and  Calhoun  in  1837,  an(*  ^ater  at 
Fond  du  Lac,  Pokegoma,  La  Pointe,  Yellow  Lake, 
Lac  qui  Parle,  Mendota,  and  St.  Paul.1 

5.   THE  ORGANIZATION  OF  MINNESOTA  TERRITORY 

Minnesota  is  of  dual  origin.  Part  of  the  territory  Origin  of 
of  which  the  present  State  is  formed  was  a  portion  of  l 
the  Northwest  Territory,  the  remainder  was  the  north- 
eastern portion  of  the  Louisiana  purchase.  The 
Mississippi  divides  the  two  great  regions.  There  was 
a  marked  difference  in  the  heritage  of  the  two  parts. 
The  Northwest  Territory  was  presented  with  a  terri- 
torial government,  religious  liberty,  personal  rights, 
and  educational  endowments.  The  other  region  re- 
tained some  of  its  Spanish  and  French  laws,  but  the 
merging  of  the  two  sections  largely  obliterated  them, 
and  substituted  therefor  those  of  the  Northwest  Terri- 
tory. It  is  interesting  to  note  that  Minnesota  east 

1  Minn.  Hist.  Soc.  Pub.,  I.  84,  437. 


12  Minnesota  as  a  Territory 

Various  of  the  Mississippi  passed  under  seven  jurisdictions, 
jurisdictions.  viz^  the  Northwest  Territory  1787,  Indiana  1800, 
Michigan  1805,  Illinois  1809,  Michigan  a  second  time 
in  1819,  Wisconsin  1836,  and  Minnesota  1848.  The 
part  west  of  the  Mississippi  also  had  a  varied  experi- 
ence. The  province  of  Louisiana  came  into  the 
possession  of  the  United  States  in  1803.  Out  of  this 
Louisiana  Territory  was  formed  in  1805,  Missouri  in 
1812,  Michigan  in  1818,  Wisconsin  in  1836,  and  Iowa 
in  1838.  Each  included  Minnesota,  and  finally,  in 
1848,  the  territory  by  the  present  name  was  organized. 
Wisconsin  was  admitted  into  the  Union  on  the 
29th  day  of  May,  1848;  but  the  new  State  did  not 
include  that  part  of  the  territory  of  Wisconsin  which 
lay  west  of  the  St.  Croix  River,  and  Congress  made  no 
provision  for  the  government  of  this  area.  Accord- 
ingly, in  the  following  August,  a  public  meeting  was 
held  at  Stillwater  to  consider  whether  the  laws  of  the 
old  territory  of  Wisconsin  were  still  in  force  in  this 
region.  A  letter  from  John  Catlin,  former  secretary 
of  the  Territory  of  Wisconsin,  was  read,  in  which  he 
endeavored  to  show  that  those  parts  of  the  Territory 
which  had  not  been  included  in  the  State  still  consti- 
tuted the  Territory  of  Wisconsin.  Hence  he  said  that 
it  was  only  necessary  for  the  people  to  elect  a  delegate 
to  Congress,  and  that  he,  as  acting  governor  of  the 
Territory,  would  issue  a  proclamation  for  an  election 
to  fill  the  vacancy  if  the  people  would  act  under  it. 
Minnesota  was  in  a  peculiar  position.  The  portion 
west  of  the  Mississippi  had  been  left  without  govern- 
ment by  the  admission  of  Iowa  in  1846,  and  now 
the  admission  of  Wisconsin  into  the  Union  left  a 
still  wider  territory  without  government. 


The  Organization  of  Minnesota  Territory       1 3 

The  former  secretary  of  Wisconsin,  Mr.  Catlin, 
moved  his  residence  from  Madison  to  Stillwater, 
and  as  acting  governor  of  the  surviving  Wisconsin 
Territory  issued  a  proclamation,  October  9,  ordering 
a  special  election  to  fill  the  vacancy  in  the  office  of  Election  of 
delegate.  The  election  was  held  on  October  so;1  delesate- 
the  Hon.  H.  H.  Sibley,  being  chosen  delegate,  pro- 
ceeded at  once  to  Washington.  He  was  permitted 
by  courtesy  to  occupy  a  seat  on  the  floor  of  the 
House  of  Representatives,  but  progress  in  the  or- 
ganization of  a  new  territorial  government  was  ex- 
ceedingly slow.  A  bill  for  this  purpose  was  prepared 
by  Senator  Douglas  with  the  advice  of  Mr.  Sibley.2 
Efforts  were  made  to  bring  Minnesota  into  the  great 
slave  controversy,  and  many  amendments  were  added 
to  the  bill  to  delay  its  passage,  but  it  was  finally 
passed  because  the  Senate  refused  to  recede  from  its 
position.3  The  Territory  was  thus  created  March  3, 
1849,  with  the  Missouri  River  as  the  western  boundary. 

The  territorial  act  provided  for  the  appointment  of 
the  usual  executive  officers,  consisting  of  governor  Provisions  of 
and  secretary.      The  judicial   officers  were  a   chief  e°vernment- 
justice,  two  associates,  a  district  attorney,  and  a  mar-  officers, 
shal.     All  of  these  officers  were  appointed  by  Presi- 
dent Taylor.     The  first  appointment  by  the  President 
was  that  of  Hon.  Edward  C.  McGaughey  of  Indiana 
as  governor,  which  the  Senate  refused  to  confirm.4 
Pennington  of  New  Jersey  was  asked  to  accept  the 
position,  but  he  declined;  a  third  selection  was  made, 

1  See  account  of  organization  in  Minn.  Hist.  Soc.  Pub.,  I.  53-68. 

2  Congressional  Globe,  3<Dth  Congress,  2tl  session,  I,  581. 

3  West,  Life  and  Times  of  Sibley,  ch.  iv. 

4  Neill,  History  of  Minnesota,  ch.  xxii. 


Minnesota  as  a  Territory 


Other 
provisions. 


and,  happily  for  the  State,  Alexander  Ramsey  con- 
sented to  serve. 

The  duties  incumbent  upon  the  governor  were 
those  usually  devolving  upon  such  an  officer.  He 
was  commander-in-chief  of  the  militia,  he  had  power 
to  grant  pardons,  to  enforce  the  laws,  and  to  appoint 
officers  with  the  consent  of  the  Council.  In  addition 
to  these  duties  he  was  to  act  as  Indian  agent  of  the 
Federal  Government.  The  term  of  office  was  four 
years.  The  secretary  of  the  Territory  was  appointed 
for  a  similar  term  of  office.  His  duties  were  largely 
those  of  a  recording  officer.  In  case  of  a  vacancy 
in  the  office  of  governor  the  secretary  was  authorized 
to  act  until  the  appointment  of  another  governor  by 
the  President  of  the  United  States.  The  legislature 
consisted  of  an  assembly  of  eighteen  members  and  a 
council  of  nine  members,  elected  by  the  people.  The 
time  of  service  for  the  first  was  one  year,  for  the 
second  two  years.1 

A  regular  system  of  courts  was  soon  established. 
The  territory  was  divided  into  three  judicial  districts, 
which  made  it  possible  to  hold  district  courts,  for 
the  supreme  court  judges  also  acted  as  district  judges. 
Justices  of  the  peace  were  appointed,  so  the  Territory 
had  a  complete  court  system. 

Liberal  provisions  were  made  in  the  organic  act  for 
the  erection  of  public  buildings  and  the  establishment 
of  an  educational  system.  Every  sixteenth  and  thir- 
tieth section  in  each  township  in  the  territory  was 
granted  for  the  partial  maintenance  of  public  schools.2 

1  See  Appendix  G. 

2  N.B.    The  instructor  should  here  refer  to  the  Territorial  Act  con- 
tained in  Appendix  G.     Students  should  become  thoroughly  acquainted 
with  its  provisions. 


The  Organization  of  Minnesota   Territory       15 

To  the  inhabitants  of  the  Territory  were  extended 
all  the  rights,  privileges,  and  immunities  which  they 
possessed  as  inhabitants  of  the  Territory  of  Wisconsin, 
and  some  further  privileges  which  were  specified  in 
the  act  organizing  the  Territory.  It  was  under  this 
provisional  government  that  Minnesota  prepared  for 
statehood. 


CHAPTER   II 
MINNESOTA  AS  A  STATE 

6.    REFERENCES 

West,  Life  and  Times  of  H.  H.  Sibley,  St.  Paul,  1889;  Minnesota 
Historical  Society  Publications,  VIII ;  Legislative  Manual,  1897  and 
1899;  Minnesota  Convention  Debates,  2  vols.;  early  volumes  of  The 
Pioneer  Press  ;  Congressional  Globe,  34th  and  35th  Congresses;  Heard, 
History  of  the  Sioux  Rebellion,  New  York,  1863;  Bryant,  Indian 
Massacres  in  Minnesota,  St.  Paul,  1872;  Minnesota  in  the  Civil  and 
Indian  Wars,  St.  Paul,  1890  (prepared  by  Board  of  Commissioners 
appointed  by  the  legislature,  Act  of  April  16,  1889);  Farrar,  Five 
Years  in  Minnesota,  London,  1880 ;  McClurg,  Minnesota  as  it  is  in 
1870,  St.  Paul,  1870;  Carleton,  The  Seat  of  Empire,  Boston,  1870; 
bound  volume  of  pamphlets  under  the  title  of  Five  Million  Dollar 
Loan,  in  the  Minnesota  Historical  Society  library;  article  on  "  Minne- 
sota," in  the  Encyclopedia  Britannica. 

7.   THE  ENABLING  ACT 

Minnesota  applied  for  statehood  when  the  slavery 
strife  was  at  its  height.  From  the  time  of  the  adop- 
tion of  the  Federal  Constitution  up  to  1850  thirty 
States  had  been  admitted  to  the  Union.  Half  of 
these  were  slave,  half  free  States.  The  North,  grow- 
ing more  rapidly  from  1850  than  the  South,  threat- 
ened the  balance  thus  far  maintained  ;  California  was 
admitted  in  1850  as  a  free  State,  and  the  equilibrium 
was  destroyed.  The  Kansas-Nebraska  strife  had 
begun  when  Minnesota  knocked  for  admission  to  the 

16 


The  Enabling  Act  17 

Federal  Union  ; 1  her  admission  was  looked  upon  with 
disfavor  by  a  large  number  of  Southern  representa- 
tives and  senators  in  Congress,  for  it  would  add  to  the 
already  increasing  ascendency  of  the  North. 

A  bill  was  introduced  into  the  House  on  December  The  bin 
24,  1856,  by  Henry  M.  Rice,  the  territorial  delegate,  and  !ts 
authorizing  the  people  of  the  Territory  of  Minnesota 
to  frame  a  constitution  and  State  government.  This 
bill  was  at  once  referred  to  the  Committee  on  Ter- 
ritories. On  the  last  day  of  January,  1857,  Hon. 
Galusha  A.  Grow,  the  chairman  of  the  committee, 
reported  a  substitute  for  the  original  bill  which  con- 
tained three  additional  provisions:  first,  a  few  changes 
in  the  western  boundary ;  second,  concurrent  juris- 
diction of  rivers  forming  a  common  boundary ;  and 
third,  free  navigation  of  such  rivers  by  citizens  of  the 
United  States.  In  other  respects  the  two  bills  were 
identical.  Delegates,  to  be  chosen  by  the  people, 
were  to  meet  at  the  territorial  capital  on  the  second 
Monday  of  July.  These  delegates  were  to  determine 
by  vote  whether  a  State  government  should  be 
formed,  and  if  so  to  draft  a  constitution.  It  was  also 
provided  that  the  constitution  should  include  the 
following  provisions :  every  sixteenth  and  thirty-sixth 
section  in  each  township  was  to  be  reserved  as  a 
nucleus  for  a  public  school  fund  ;  the  proceeds  of  the 
sale  of  seventy-two  sections  were  to  be  reserved  as  an 
endowment  for  a  State  university ;  and  the  salt  springs 
and  six  sections  of  contiguous  land  for  each  spring 
were  to  remain  in  the  control  of  the  State,  while  five 
per  cent  of  the  sales  from  public  lands  within  the 

1  For  the  Kansas-Nebraska  controversy  see  Wilson,  Division  and 
Reunion,  1829-1889,  ch.  vii. 


1 8  Minnesota  as  a  State 

State  were  to  be  expended  for  public  improvements.1 
With  these  provisions  the  bill  went  to  the  House. 

In  the  passage  of  the  bill  through  the  House  there 
was  some  opposition  from  Southern  representatives, 
although  a  number  of  the  Northern  members  of  the 
House  voted  against  the  bill.  On  February  2,  1857, 
the  bill  reached  the  Senate,  and  was  again  referred 
to  the  Committee  on  Territories.  The  bill  was  re- 
ported back  February  18  by  the  chairman,  Stephen 
A.  Douglas,  without  amendment.  Three  days  later 
the  bill  came  up  for  consideration.2  An  amendment 
was  immediately  offered,  providing  that  only  citizens 
of  the  United  States  should  vote  for  delegates  to  the 
constitutional  convention.  The  discussion  continued 
until  nearly  the  end  of  the  session.3  The  amendment 
was  finally  carried  by  a  vote  of  27  to  24,  and  the  bill, 
then  put  on  its  final  passage,  was  passed  by  a  vote 
of  47  to  i.  But  upon  the  announcement  of  the  result 
John  P.  Hale,  of  New  Hampshire,  gave  notice  that 
he  would  move  to  reconsider  the  vote.  On  Febru- 
ary 24  he  did  so,  and  the  following  day  the  Senate 
rejected  the  amendment,  and  passed  the  bill  as  it  came 
from  the  House.4 

8.    THE  CONSTITUTIONAL  CONVENTION 

The  people  of  Minnesota  began  the  making  of  a 
constitution  by  electing  delegates  on  the  first  Monday 
in  June,  1857.  A  great  deal  of  uncertainty  prevailed 

1  See  Appendix  H  for  Enabling  Act. 

2  Congressional  Globe,  34th  Congress,  3d  session,  Appendix,  402. 

8  For  opposition  speeches,  see  article  by  Professor  F.  F.  Moran, 
Minn.  Hist.  Soc.  Pub.,  VII. 

4  Congressional  Globe,  34th  Congress,  3d  session,  849-865,  872-877. 


The  Constitutional  Convention  19 

in  the  Territory  as  to  the  boundaries  of  the  counties  The  dispute 
and  districts,  so  that  there  was  some  doubt  as  to  who  °, ^eme 
were  legally  elected  delegates.  This  uncertainty  was  convention, 
heightened,  as  the  time  of  the  convention  drew  near, 
by  charges  of  the  two  parties  against  each  other.1 
Rumors  were  current  that  underhanded  work  was 
going  on ;  everything  was  ripe  for  serious  disagree- 
ment. The  Enabling  Act  named  the  day  of  the  con- 
vention, but  said  nothing  in  relation  to  the  hour  of 
meeting.  The  Republicans  feared  that  the  Demo- 
crats might  anticipate  them,  and  effect  an  organiza- 
tion of  the  convention  before  they  could  get  together. 
In  order  to  prevent  this  possibility  they  assembled 
in  the  chamber  of  the  House  of  Representatives  at 
midnight  preceding  the  day  designated  in  the  bill. 
At  noon  on  the  second  Monday  of  July,  the  Demo- 
crats marched  to  the  capital,  but  found  the  Republi- 
cans in  possession.  The  secretary  of  the  Territory, 
Charles  L.  Chase,  proceeded  to  call  the  convention  to 
order  for  the  Democrats.  Simultaneously  Mr.  J.  W. 
North  did  the  same  for  the  Republicans  ;  the  Demo- 
crats moved  to  adjourn,  and  did  so,  leaving  the  Re- 
publicans in  the  hall.  On  the  next  day  the  Democrats 
organized  in  the  council  chamber.  Each  body 
claimed  to  be  the  constitutional  convention,  and  pro- 
ceeded to  frame  a  constitution.2 

The  Democrats  on  August  8  offered  conciliation,  but  The 
in  their  peace  offering  stated  that  the  legal  character  of  tahde°ption  of 
their  convention  was  not  to  be  called  into  question.  For  Constitution. 
ten  days  the  Republicans  made  no  reply,  but  at  the 

1  See  files  of  The  Pioneer  Press  for  1857  in  the  Minnesota  Historical 
Society's  Library,  St.  Paul. 

2  Minnesota  Constitutional  Debates,  first  papers  of  I.  and  II. 


20  Minnesota  as  a  State 

end  of  that  time  appointed  a  conference  committee  to 
meet  a  committee  of  the  Democrats.  After  consider- 
able discussion  an  agreement  was  reached,  and  the 
two  divisions  of  the  convention  accepted  the  same 
constitution  on  August  29.  On  the  thirteenth  day 
of  October,  1857,  the  people  adopted  the  constitu- 
tion by  the  vote  of  30,055  yeas  to  571  nays. 

President  Buchanan  notified  Congress,  January  11, 
1858,  that  he  had  received  a  certified  copy  of  the 
constitution  from  the  governor  of  Minnesota  Ter- 
ritory, Samuel  Medary.  Upon  receipt  of  the  same 
the  Senate  referred  the  matter  to  the  Committee 
on  Territories,  and  a  bill  for  the  admission  of  the 

Admission  to  111- 

the  Union.  State  to  the  Union  was  reported  by  that  committee 
on  January  28.  A  very  serious  opposition  to  the  ad- 
mission of  Minnesota  was  at  once  manifested ;  it  was 
alleged  by  the  Southern  leaders  that  the  census  had 
not  been  taken  as  provided  in  the  Enabling  Act,  and 
that  it  was  not  possible  to  know  whether  the  Terri- 
tory was  entitled  to  statehood.  The  bill  for  admission 
was  finally  passed  by  the  Senate,  April  7,  1858.  In 
the  House  the  opposition  was  much  the  same.  The 
personnel  of  the  body  had  changed  since  the  passage 
of  the  Enabling  Act,  but  the  debate  on  representa- 
tion still  remained  the  prominent  part  of  the  opposi- 
tion. The  bill  was  passed  May  n,  1858,  by  a  vote 
of  157  to  38.  Although  the  opposition  was  prolonged, 
there  was  no  good  reason  for  not  admitting  Minnesota 
to  the  Union. 

9.    ORGANIZATION  OF  THE  GOVERNMENT 

At  the  same  election  at  which  the  people  of  Min- 
nesota adopted  the  constitution  by  such  a  large 


Organization  of  the  Government  21 

majority,  State  officers  and  three  congressional  repre- 
sentatives were  chosen.     In  the  following  December, 
at  the  meeting  of  the  legislature,  two  senators  were 
elected,  Henry  M.  Rice  and  James  Shields.      The  Admission 
senators    and    representatives    proceeded    to   Wash-  of  Represe 

.  .  ,  tatives  to 

mgton  early  in  the  year  and  applied  for  admission,  congress. 
In  the  Senate  the  credentials  of  the  senators  were 
presented  May  12,  but  unexpected  opposition  was 
developed  on  the  ground  that  States  alone  could 
elect  senators,  and  as  the  credentials  of  the  Minne- 
sota representatives  were  signed  by  the  governor  of 
the  Territory  they  were  not  entitled  to  seats  in  the 
Senate.  Two  days  later,  however,  both  senators  were 
admitted. 

Similar  opposition  appeared  in  the  House.  It, 
however,  was  stronger,  the  contention  being  that  a 
Territory  could  not  elect  representatives  to  Con- 
gress.1 The  matter  was  referred  to  the  Committee 
on  Elections,  and  in  a  few  days  majority  and  minority 
reports  were  presented.  A  long  discussion  followed, 
but  the  House  finally  adopted  the  majority  report, 
and  Messrs.  Cavanaugh  and  Phelps  were  sworn  in 
May  22,  1 858.2  Minnesota  was  now  a  member  of  the 
Union  in  full  standing,  represented  in  both  houses 
of  Congress. 

1  Congressional  Globe,  35th  Congress,  1st  session,  2275,  23ia     See 
also  Minn.  Hist.  Soc.  Pub.t  VIII.  part  2. 

2  Minnesota  was  allowed  two  representatives  instead  of  the  three 
elected  until   the  census  should  be   completed.     The   apportionment 
was   one   representative   to  93,420   persons.     It  was  feared  that   the 
enumeration   would    not   reach    280,260.     The    three   representatives 
cast  lots  to  determine  which  two  should  have  seats  in  the  House, 
Mr.  Becker  was  unsuccessful. 


22  Minnesota  as  a  State 

10.    MINNESOTA  IN  THE  CIVIL  WAR 

But  three  years  of  statehood  had  passed  when  the 
Civil  War  began.  The  history  of  Minnesota  during 
those  years  had  been  peaceful.  Her  people  were 
busily  engaged  in  taking  up  and  improving  farms, 
building  towns,  and  in  establishing  industry.  In 
1860  the  population  of  the  State  reached  172,123. 
Out  of  this  number  24,020  enlisted  in  the  various 
arms  for  service  in  the  Federal  forces.  If  this  num- 
ber were  reduced  to  a  three-year  basis  the  proportion 
Troops  from  would  still  be  large,  19,693. l  The  patriotism  of  the 
State  can  still  further  be  attested  by  the  prompt 
answer  to  the  call  of  the  President  on  that  fateful 
day  of  April,  1861.  Governor  Ramsey  was  in 
Washington  at  the  time,  and  tendered  personally  a 
full  regiment  of  one  thousand  men  for  the  use  of  the 
government.  These  were  the  first  troops  accepted 
by  the  President.  Regiment  after  regiment  was 
organized  under  the  various  calls  for  troops,  until 
eleven  regiments  of  infantry,  one  regiment  of  heavy 
artillery,  two  companies  of  sharpshooters,  four  regi- 
ments of  cavalry,  and  three  batteries  of  light  artillery 
went  to  the  front  from  Minnesota.  These  troops 
took  part  in  the  battles  of  Bull  Run,  Fair  Oaks, 
Harrison's  Landing,  Antietam,  Fredericksburg, 
Chancellorsville,  Gettysburg,  Petersburg,  Chicka- 
mauga,  Mission  Ridge,  the  Atlanta  Campaign,  Sher- 
man's March  to  the  Sea,  and  the  movement  against 
Vicksburg.2 

1  World's  Almanac,  1899,  95- 

2  See  Minnesota  in  the  Civil  and  Indian  Wars. 


The  Sioux  Massacre  23 

» 

ii.   THE  Sioux  MASSACRE 

While  Minnesota  was  so  nobly  aiding  the  cause  of 
the  Union,  the  Sioux  Indians,  under  the  excitement 
bred  by  a  bitter  hostility  to  the  whites,  began  the 
ravaging  of  towns  and  villages  on  the  borders  of  the 
settlement.  The  government  of  the  United  States 
as  early  as  1815  had  negotiated  a  treaty  of  friendship 
and  amity  with  the  Sioux.  At  another  time,  1830, 
the  treaty  was  confirmed,  and  an  annuity  of  $3000 
with  goods  and  presents  was  promised  to  them. 
Again  in  1837  a  further  treaty  was  made  by  which  treaties, 
the  United  States  came  into  the  control  of  a  large 
tract  of  territory  within  the  present  State  of  Wis- 
consin.1 This  treaty  also  provided  for  the  payment 
of  annuities.  When  the  Territory  of  Minnesota  was 
organized  the  population  grew  very  rapidly,  necessi- 
tating new  treaties  to  preserve  the  friendly  relations 
between  Indian  and  white  man.  These  treaties 
were  arranged  in  1851  and  1858,  and  the  United 
States  came  into  the  control  of  all  the  land  in  the 
State  with  the  exception  of  two  Indian  reservations 
in  the  western  and  northwestern  parts.  In  return  for 
these  large  tracts  of  land  the  government  agreed  to 
pay  the  Indians  through  their  chiefs  large  annuities 
for  a  period  of  fifty  years  from  1855.  Here  is  where 
the  trouble  arose. 

The  payment  of  the  annuities  was  delayed  by  the 
failure  of  Congress  to  make  the  appropriations.  The 
Indians  became  greatly  dissatisfied.  When,  finally, 
an  appropriation  was  passed,  the  traders  and  half- 
breeds  living  on  the  reservations  asked  that  payment 

1  Bryant,  Indian  Massacres  in  Minnesota,  22. 


Minnesota  as  a  State 


Massacre  at 
Spirit  Lake, 

1857- 


Attempts  to 
civilize  the 
Sioux. 


first  be  made  to  them  of  the  debts  contracted  by  the 
Indians.  There  seems  to  be  no  doubt  that  a  very 
large  part  of  the  money  intended  for  the  Indians 
went  into  the  hands  of  these  men.  Undoubtedly  the 
Indians  were  robbed  through  the  connivance  of  the 
agents  of  the  Government.1  Just  at  this  juncture  an 
outlaw  chief,  Inkpaduta  by  name,  had,  with  the  aid 
of  a  band  of  Indians,  massacred  the  settlers  of  Spirit 
Lake,  a  small  hamlet  in  Iowa.2  The  annuity  pay- 
ments which  were  being  made  by  the  government  at 
the  time  were  ordered  stopped.  As  a  condition  of 
continued  payment  the  delivery  of  Inkpaduta  was 
required  of  the  Sioux.  The  Indians  immediately 
attempted  to  capture  the  outlaw  and  his  band,  but 
without  success.  Advised  by  the  Indian  agents  that 
the  Sioux  should  not  be  held  responsible  for  the 
deeds  of  a  few  outlaws,  the  annuities  were  paid.  No 
further  attempts  were  made  to  punish  the  crime. 
The  Indians  regarded  this  as  a  sign  of  weakness, 
and,  impressed  by  the  panic  created  by  a  small  band 
of  warriors,  they  began  to  think  that  the  whole  Sioux 
nation  might  avenge  their  wrongs  and  gain  posses- 
sion of  the  lands  formerly  owned  by  them. 

By  the  treaty  of  1858  the  government  expected  to 
break  up  the  tribal  and  community  system  existing 
among  the  Sioux,  with  the  hope  of  getting  the  Ind- 
ians to  engage  in  farming.  Thus  there  came  to  be 
what  Major  Galbraith,  the  Sioux  agent,  called  two 
distinct  parties  among  these  Indians,  the  "  Scalp 
Locks  and  Blankets "  and  the  "  Cut  Hair  and 

1  See  Judge  Young's  report,  published  in  Bryant,  Indian  Massacres 
in  Minnesota,  36. 
39. 


The  Sioux  Massacre  25 

Breeches."  The  farming  Indians  were  in  the  minor- 
ity, and  needed  the  constant  protection  of  the  gov- 
ernment. Their  prosperity  irritated  and  exasperated 
the  others,  and  the  natural  spirit  of  hostility  to  the 
whites  was  fed  by  grievances,  prejudice,  and  fear. 
These  led  to  the  organization  of  a  plot  and  the 
massacre.  Little  Crow  was  the  instigator,  encour- 
ager,  and  director  of  the  conspiracy. 

In  August,  1862,  the  entire  effective  force  for  the  The  attack 
defence  of  the  frontier  from  Pembina  to  the  Iowa  and  ( efence* 
line  did  not  exceed  two  hundred  men.1  The  Civil 
War  was  known  to  the  Indians,  and  the  time  was 
regarded  as  favorable  for  their  attempt.  The  first 
blow  fell  on  the  little  town  of  Acton.  Barely 
twenty-four  hours  later  the  upper  and  lower  Sioux 
agencies  were  attacked.  Several  white  persons  were 
killed,  and  the  buildings  of  the  agencies  totally  de- 
stroyed. The  refugees  from  all  parts  of  the  country 
made  their  way  as  rapidly  as  possible  to  Fort  Ridgely 
and  the  town  of  New  Ulm.  On  the  iQth  of  August 
the  town  was  attacked,  and  again  on  the  25th;  after 
the  severest  fighting  and  heavy  loss  the  Indians  were 
driven  back,  but  the  people  evacuated  the  town.  A 
city  of  two  hundred  houses  was  left  a  mass  of  charred 
timbers.  Foiled  in  their  attempt  on  New  Ulm,  the 
Indians  turned  to  the  siege  of  Fort  Ridgely.  There 
were  in  the  fort  about  1 50  soldiers,  besides  refugees. 
Two  attacks  were  made,  both  unsuccessful,  the  in- 
mates holding  out  until  reinforcements  arrived. 

While  these  Indian  depredations  were  going  on, 
volunteers  were  raised  in  Glencoe,  Hastings,  St. 
Peter,  Minneapolis,  St.  Paul,  and  the  older  parts  of 

1  Judge  Young's  report,  in  Bryant,  Indian  Massacres  in  Minne- 
sota, 54. 


26  Minnesota  as  a  State 

Checking  the  the  State.  An  army  of  nearly  1 500  men  was  gath- 
lon'  ered  under  the  leadership  of  General  Sibley.  The 
government  of  the  United  States  did  all  in  its  power 
to  aid  the  citizens  in  putting  down  the  insurrection. 
Such  concerted  action  checked  the  Indians,  and 
after  a  number  of  engagements  2000  were  cap- 
tured. Of  this  number  303  were  condemned  to 
death  by  a  court-martial.  President  Lincoln  re- 
prieved 265  of  the  number,  so  that  only  38  were  exe- 
cuted at  Mankato,  December  26,  1862.  Two  other 
expeditions,  under  the  command  of  Generals  Sibley 
and  Sully,  were  sent  out  by  the  Federal  Government 
in  1863  and  1864.  These  resulted  in  the  complete 
subjugation  of  the  Indians  after  the  fights  at  Big 
Mound,  Dead  Buffalo  Lake,  Stony  Lake,  and  the 
Results  of  battle  near  the  Missouri.  The  results  of  the  Indian 
the  Massacre.  massacres  are  difficult  to  ascertain.  In  less  than  a 

week,  it  is  estimated  by  some  writers,  2000  persons 
were  killed,  and  it  is  said  that  the  population  of  eigh- 
teen counties,  numbering  about  30,000,  fled  from 
their  homes.1  Major  Galbraith,  in  speaking  of  the 
property  destroyed  or  abandoned,  says,  "  I  believe  I 
very  nearly  approximate  the  truth  when  I  set  it  down 
at  two  millions  of  dollars."  2  The  number  of  claims 
filed  for  examination  before  the  Sioux  Commission 
was  2940,  amounting  to  $2,500,000.  Contributions 
came  in  from  all  parts  of  the  West  for  the  support  of 
the  refugees.  Despite  the  efforts  of  the  State  and 
National  governments,  many  years  were  required  to 
allay  the  distrust  of  the  people  after  this,  the  great- 
est of  Indian  massacres. 

1  Bryant,  Indian  Massacres  in  Minnesota,  415,  416. 
421. 


The  Building  of  Railroads  27 

12.   THE   BUILDING  OF   RAILROADS 

Minnesota  was  just  on  the  threshold  of  statehood  Need  of 
when  the  agitation  for  railway  construction  began.  rallways- 
The  highway  from  the  central  west  to  the  Pacific 
passed  through  Minnesota,  and  if  immigration  and 
the  wealth  of  the  Northwest  were  not  to  be  diverted 
to  the  north  or  the  south  of  the  Territory,  something 
must  be  done  to  encourage  the  building  of  railways. 
It  was  pointed  out  by  many  writers  and  speakers  at 
the  time  that  Canada,  by  judicious  aid  to  private  com- 
panies, had  increased  her  population  sixty  to  seventy 
per  cent.1  The  experiences  of  Massachusetts,  New 
York,  Maryland,  Virginia,  South  Carolina,  and  other 
States  were  referred  to  as  examples  for  a  similar 
policy  in  Minnesota. 

Congress  and  the  territorial  legislature  had  already  L*nd  grants 

and  loans  to 

made  large  grants  to  railway  companies,  and  as  a  raiiroads. 
result  a  marked  extension  of  railroad  construction 
was  expected  in  the  spring  of  1858.  But  the  panic 
of  1857  was  too  much  for  these  enterprises,  and  their 
promoters  came  before  the  legislature,  asking  the  aid 
of  the  State.  Several  bills  were  presented  in  the 
legislature,  but  finally  the  two  houses,  agreed  to 
submit  the  matter  of  railroad  grants  to  the  people, 
which  was  done  on  April  15,  1858.  A  favorable  vote 
was  cast  for  the  proposition,  and  the  grant  to  the 
railways  was  made  a  part  of  the  constitution  and 
could  not  be  tampered  with  by  future  legislatures. 
By  this  amendment  the  State  agreed  to  issue  $100,000 

1  There  is  in  the  library  of  the  Minnesota  Historical  Library  at  St. 
Paul  a  bound  volume  of  pamphlets  on  the  railroad  experiences  of  Min- 
nesota. An  examination  of  it  will  be  richly  rewarded. 


28  Minnesota  as  a  State 

in  bonds  when  ten  miles  of  road  were  ready  for  the 
rails,  and  $100,000  more  when  fully  equipped  and 
running.  Furthermore,  the  sum  of  $1,250,000  was 
voted  to  each  of  four  roads,  which,  however,  were  not 
to  receive  it  until  sixty-two  miles  of  road  were  fully 
equipped  and  in  operation.  The  State  was  secured  in 
these  loans  by  holding  a  first  mortgage  on  the  roads, 
lands,  and  franchises  of  the  respective  companies  ;  an 
additional  security,  consisting  of  240  sections  of  land 
for  each  road,  regarded  as  worth  $6,224,000,!  was 
provided  for  the  redemption  of  the  principal.  Still 
further,  in  the  case  of  non-payment  of  interest  the 
roads  were  to  pass  into  the  hands  of  the  State. 

Bonds  to  the  amount  of  $2,275,000  were  issued 
to  the  companies,  which  also  had  secured  possession  of 
the  land,  amounting  to  the  vast  acreage  of  5,000,000. 
The  State  did  not  profit  by  these  transactions  and 

Repudiation  ' 

of  the  bonds,  was  no  better  off  than  before.  There  was  not  a 
mile  of  road  in  operation,  and  only  250  miles  of 
graded  roadbed.  The  State,  under  the  pressure  of 
public  opinion,  began  foreclosure  proceedings.  The 
first  batch  of  bonds,  during  this  time,  became  due, 
and  the  State  took  possession  of  the  properties  of 
the  roads,  but,  although  the  State  held  the  lands, 
franchises,  and  roadbeds  of  the  companies,  still  the 
people  demanded  that  the  question  of  the  payment 
of  the  bonds  by  the  State  be  submitted  to  a  popular 
vote.  The  amendment  adopted  in  1858  was,  in  1869, 
expunged  from  the  constitution  and  another  substi- 
tuted, forbidding  the  loaning  of  the  credit  of  the 
State  for  internal  improvements.2 

1  See  articles  in  The  Pioneer  and  Democrat,  March,  1858. 
3  Constitution  of  Minnesota,  Art.  IX.,  Sec.  10. 


The  Building  of  Railroads  29 

In  1877  it  was  proposed  to  set  aside  the  proceeds  Attempts  at 
of  500,000  acres  of  land  for  the  payment  of  the  Payment- 
bonds.  The  people  refused  to  do  this.  During 
these  years  public  opinion  had  gradually  shifted  from 
repudiation  to  redemption.  Another  attempt  was 
made,  in  1881,  to  pay  the  obligations.  An  extra 
session  of  the  legislature  was  called  by  Governor 
Pillsbury.  The  legislature  finally  authorized  the 
payment  of  the  outstanding  bonds  at  fifty  cents  on 
the  dollar.  The  people  ratified  the  proposition  of 
four  years  before,  to  set  aside  the  proceeds  from  the 
sale  of  500,000  acres  to  provide  for  redemption  of 
the  bonds  issued  to  pay  the  debt.  The  long-stand- 
ing obligation  was  thus  wiped  out. 

The  old  companies  having  defaulted,  the  legislature 
in  1862  transferred  the  franchise  to  new  companies. 
These  began  energetically  to  construct  roads.  The 
war  retarded  their  progress,  but  with  the  close  of 
hostilities  labor  was  easier  to  obtain.  By  1870  a  Growth  of 
thousand  miles  of  track  were  equipped  and  operated  railroads- 
in  the  State.  There  are  now  fourteen  railway  com- 
panies in  Minnesota,  operating  6198  miles  of  road  and 
owning  property  valued  at  $1,093, 879,267.*  Toward 
the  building  of  these  roads  the  Federal  Government 
made  the  enormous  grant  of  17,621,952  acres  of  land, 
and  in  addition  to  this  the  State  has  given  to  the 
companies  3,062,141  acres,  making  a  grand  total  of 
20,689,093  acres. 

Without  railroads  Minnesota  could  only  have  been 
a  State  of  sparse  population  and  small  producing 
power.  Railroads  made  it  possible  for  her  lumber, 
minerals,  and  agricultural  products  to  reach  all  parts 

1  See  ch.  viii.  139,  on  the  taxation  of  railways. 


Population. 


Wealth. 


30  Minnesota  as  a  State 

of  the  world.  Although  the  cost  of  construction  was 
heavy,  nevertheless  the  attempts  on  the  part  of  the 
people  to  encourage  the  building  of  roads  were  possi- 
bly justifiable.  The  State  thereby  early  secured 
communication  with  other  parts  of  the  country. 

13.   THE  GROWTH  OF  THE  STATE 

The  opening  of  the  new  century  will  see  Minnesota 
with  about  one  million  eight  hundred  thousand  people. 
By  the  federal  census  of  1900  the  population  was  re- 
ported as  1,751,395.  The  increase  from  1890  to  1900 
was  34.5  per  cent.  Divided  with  respect  to  nativity, 
the  population  is  one-third  foreign  and  two-thirds 
native.1  Germany,  Sweden,  and  Norway  have  con- 
tributed most  largely  to  the  foreign-born  population 
of  the  State.  The  occupation  of  39  per  cent  of  the 
legal  voters  is  farming,  which  shows  the  supremacy 
of  agriculture  in  Minnesota.  The  principal  cities  and 
their  populations  as  given  by  the  State  census  of  1900 
are  :  Minneapolis,  202,718  ;  St.  Paul,  163,632  ;  Duluth, 
52,969;  Winona,  19,714;  Stillwater,  12,318;  Man- 
kato,  10,599;  and  St.  Cloud,  8663.  Besides  these  are 
twenty-five  other  towns  varying  in  population  from 
2000  to  8000. 

The  wealth  of  the  State  has  steadily  grown  in  the 
last  twenty  years.  By  the  census  of  1880  the  per 
capita  wealth  in  the  State  was  $1014.  This  had 
risen  to  $1300  in  1890.  The  same  census  gives 
$1,691,851,927  as  the  total  wealth  of  the  State.  A 
large  part  of  Minnesota's  wealth  comes  from  agri- 
culture. The  estimated  value  of  farm  products  in 

1  See  Appendix  E  for  an  analysis  of  population. 


The  Growth  of  the  Stale  31 

the  State  in  1890  was  $71,238,230.  The  number  of 
farms  at  the  time  was  116,861,  embracing  18,663,645 
acres.  The  value  of  these  farms  was  reported  at 
$340,059,470,  of  which  farms  valued  at  $119,290,539 
are  mortgaged  for  $37,709,574.  Homes  to  the  value 
of  $81,556,693  are  encumbered  to  the  amount  of 
$27,953,413.! 

Manufacturing  and  mining  are  extensively  carried 
on  in  the  State.  Lumber,  sash,  doors,  shingles, 
flour,  furniture,  iron,  and  steel  are  the  chief  products 
in  manufactured  articles.  The  value  of  these  reached 
in  1890  $192,033,478.  The  mining  industry  has  de- 
veloped to  wonderful  proportions.  In  1899  some 
7,000,000  tons  of  iron  ore  were  taken  out.  Stone  of 
good  quality  of  many  varieties  is  found  in  different 
parts  of  the  State. 


14.    CHRONOLOGICAL  ARRANGEMENT  OF 
THE   HISTORY   OF   MINNESOTA 

(Adapted  from  a  similar  table  in  The  Legislative  Manual,  1899.) 

1634.  Jean  Nicollet,  an  explorer  from  France,  who  had  wintered 
in  the  neighborhood  of  Green  Bay,  brought  to  Mon- 
treal the  first  mention  of  the  aborigines  of  Minnesota. 

1658-59.  Groseilliers  and  Radisson  wintered  among  the  Sioux  of 
Mille  Lacs  region,  Minnesota. 

1661.  Father  Rene*  Menard  left  Keweenaw,  on  Lake  Superior,  to 
visit  the  Hurons,  then  in  northern  Wisconsin,  and 
was  lost  near  the  sources  of  the  Black  and  Chippewa 
rivers. 

1  Census  of  1890,  mortgage  statistics. 


32  Chronological  Arrangement 

1679.  Daniel  Greysolon  Du  Lhut  (Duluth)  ascended  St.  Louis 

River  to  Fond  du  Lac,  and  held  a  council  with  the 
Sioux.  Du  Lhut,  in  June,  1680,  by  way  of  the  St. 
Croix  river,  reached  the  Mississippi,  and  met  Hen- 
nepin. 

1680.  Louis  Hennepin,  after  captivity  in  the  village  of  the  Mille 

Lacs  Sioux,  first  saw  the  Falls  of  St.  Anthony. 
1685.    Nicholas  Perrot  first  planted  the  cross  and  arms  of  France 

on  the  soil  of  Minnesota,  and  first  laid  formal  claim 

to  the  country  for  France.     He  built  a  fort  on  Lake 

Pepin,  near  Lake  City. 
1695.    Le  Sueur  built  a  fort  on  Isle  Pelee,  in  the  Mississippi, 

below  Prescott. 
1697.   Treaty  of  Ryswick.    France  acknowledges  England's  claim 

to  Hudson  Bay. 
1700.   Le  Sueur  established  Fort  L.  Huillier,  on  the  Blue  Earth 

River  (near  the  mouth  of  the  Le  Sueur),  and  first 

supplied  the  Sioux  with  firearms. 

1726.    Sieur  La  Ronde  was  given  concession  at  Chogoumagin. 
1728.   The  French  established  a  third  fort  on  Lake  Pepin,  with 

Sieur  de  Lapperriere  as  commander. 
1763.    By  the  Treaty  of  Versailles,  France  ceded  Minnesota,  east 

of  the  Mississippi,  to  England,  and  west  of  it  to  Spain. 
1766.    Captain  Jonathan  Carver  visited  St.  Anthony  Falls  and 

Minnesota  River. 
1783.   The  Treaty  of  Paris  and  the  cession  of  all  lands  claimed 

by  England  east  of  the  Mississippi  to  the  United 

States.     Northwestern  Fur  Company  organized. 
1796.    Provisions  of  the  Ordinance  of  1787  extended  over  the 

Northwest    Territory,    including    the    northeastern 

third  of  Minnesota,  east  of  the  Mississippi  River. 
1798-99.   The  Northwestern  Fur  Company  established  itself  in 

Minnesota. 
1800.    May  7,  that  part   of  Minnesota  east  of  the  Mississippi 

became   a  part  of  Indiana  by  the  division   of  the 

Northwest  Territory. 

1803.   December  20,  that  part  of  Minnesota  west  of  the  Missis- 
sippi, for  forty  years  in  the  possession  of  Spain  as  a 

part  of  Louisiana,  was  ceded  to  the  United  States  by 


of  the  History  of  Minnesota  33 

Napoleon  Bonaparte,  Emperor  of  the  French,  who 
had  just  obtained  it  from  Spain. 

1803-04.  William  Morrison,  the  first  known  white  man  to  dis- 
cover the  source  of  the  Mississippi  River,  visits  Elk 
Lake  and  explores  the  streams  entering  into  the  lake 
forming  the  head  of  the  river. 

1805.  Upper  Louisiana  was  organized  as  Missouri  Territory. 
Captain  Z.  M.  Pike  visited  Minnesota  as  the  agent 
of  the  government  for  the  purpose  of  establishing 
relations  with  the  Indians,  and  to  obtain  the  Fort 
Snelling  reservation  from  the  Dakotas. 

1812.  The  Dakotas,  Ojibways,  and  Winnebagoes,  under  the  lead 
of  hostile  traders,  joined  the  British  during  the  war. 
Red  River  colony  established  by  Lord  Selkirk. 

1815.   First  treaty  with  the  Sioux  Indians. 

1819.  Minnesota,  east  of  the  Mississippi  River,  became  a  part  of 

Crawford  County,  Michigan.  Fort  Snelling  estab- 
lished and  a  post  at  Mendota  occupied  by  troops, 
under  command  of  Colonel  Leavenworth. 

1820.  Corner-stone  of  Fort  Snelling  laid  September  10.   Governor 

Cass  visits  Minnesota  and  makes  a  treaty  of  peace 
between  the  Sioux  and  the  Ojibways,  at  Fort  Snell- 
ing. Colonel  Josiah  Snelling  appointed  to  the  com- 
mand of  the  latter  post. 

1823.  First  steamboat  arrived  at  Mendota,  June.  Major  Stephen 
H.  Long  explores  Minnesota  River  and  the  northern 
frontier.  Beltrami  explores  sources  of  the  M  ississippi. 

1825.  Great  flood  on  the  Red  River;  a  part  of  the  colony  driven 
to  Minnesota  and  settle  near  Fort  Snelling. 

1832.  Schoolcraft  explored  the  sources  of  Mississippi  River ;  first 
mission  established  at  Leech  Lake,  by  Rev.  W.  T. 
Boutwell,  late  of  Stillwater. 

1834.  The  portion  of  Minnesota  west  of  the  Mississippi  attached  to 

Michigan.     General  H.  H.  Sibley  settles  at  Mendota. 

1835.  Catlin  and  Featherstonehaugh  visit  Minnesota. 

1836.  The  Territory  of  Wisconsin  organized,  embracing  all  of 

Minnesota  east  of  the  Mississippi,  the  rest  being  at- 
tached to  Iowa.  Nicollet  visits  Minnesota.  David 
D.  Owen  visits  Minnesota. 


34  Chronological  Arrangement 

1837.  Governor  Dodge  of  Wisconsin  made  a  treaty,  at  Fort  Snell- 

ing,  with  the  Ojibways,  by  which  the  latter  ceded  all 
their  pine  lands  on  the  St.  Croix  and  its  tributaries  ;  a 
treaty  was  also  effected  at  Washington  with  a  deputa- 
tion of  Dakotas  for  their  lands  east  of  the  Missis- 
sippi. These  treaties  led  the  way  to  the  first  actual 
settlements  in  the  State. 

1838.  The  Dodge  treaty  ratified  by  Congress.     Franklin  Steele 

makes  a  claim  at  St.  Anthony  Falls.  Pierre  Parrant 
makes  a  claim  and  builds  a  shanty  on  the  present 
site  of  St.  Paul. 

1839.  St.  Croix  County  established. 

1840.  The  chapel  of  "  St.  Paul "  built  and  consecrated,  giving  the 

name  to  the  capital  of  the  State. 
1843.   Stillwater  settled. 

1846.  August  6,  the  Wisconsin  Enabling  Act  passed. 

1847.  The  Wisconsin  constitutional  convention  meets. 

1848.  May   29,  Wisconsin  admitted,  leaving  Minnesota   (with 

its  present  boundaries)  without  a  government.  Au- 
gust 26,  the  "  Stillwater  convention "  held,  to  take 
measures  for  a  separate  territorial  organization,  and 
asking  that  the  new  territory  be  named  Minnesota. 
October  30,  H.  H.  Sibley  elected  delegate  to  Con- 
gress. 

1849.  January  15,  H.  H.  Sibley  admitted  to  a  seat  in  Congress. 

March  3,  the  bill  organizing  the  Territory  of  Minne- 
sota passed.  March  19,  its  territorial  officers  ap- 
pointed. June  i,  Governor  Ramsey  declared,  by 
proclamation,  the  Territory  organized.  September  3, 
the  first  territorial  legislature  assembled. 

1850.  Great  flood  ;  highest  water  ever  known.     Minnesota  River 

first  navigated  by  steamboats.  Census  shows  6,077 
inhabitants. 

1851.  Permanent  location  of  capital,  university,  and  penitentiary ; 

another  flood.  July  23,  treaty  of  Traverse  des  Sioux 
completed. 

1852.  July  26,  the  treaty  ratified  by  the  United  States  Senate. 

1853.  W.  A.  Gorman  appointed  governor.     The  capitol  building 

completed. 


of  the  History  of  Minnesota  35 

1854.  Celebration  of  the  opening  of  the  Rock  Island  Railroad 
the  first  road  to  the  Mississippi  River.  Large  immi- 
gration begins. 

1857.  Enabling  Act  passes  Congress,  February  26.   Governor  Sam 

Medary  (appointed  by  Buchanan)  arrives  on  April 
22.  Legislature  passes  a  bill  to  remove  the  capital  to 
St.  Peter,  but  it  fails  to  accomplish  the  object.  Ink- 
paduta  massacre,  April.  Land  Grant  Act  passes 
Congress.  April  27,  extra  session  of  the  legisla- 
ture to  apportion  land  grant.  June  I,  constitutional 
convention  assembles.  Real  estate  speculation 
reaches  its  height,  and  is  checked  by  the  financial 
panic,  August  27.  Great  reverses  and  hard  times. 
Census  shows  150,037  population.  October  13,  Con- 
stitution adopted  and  State  officers  elected. 

1858.  State  loan  of  $250,000  negotiated.     Five  million  loan  bill 

passed;  is  voted  on  April  15,  and  passes.  Great 
stringency  in  money  market.  State  admitted  May 
I  r.  State  officers  sworn  in  May  24. 

1859.  Hard  times  continue  to  intensify.   "Wright  County  War." 

"  Glencoe  "  and  "  Owatonna  "  money  issued.  Work 
on  the  land  grant  roads  ceases.  Collapse  of  the  five 
million  scheme.  First  export  of  grain  this  fall. 
Hard  political  struggle  ;  the  Republicans  triumph. 

1860.  Federal  census,  172,123. 

1861.  April  13.  President's  proclamation  for  troops  received  ;  the 

first  regiment  recruits  at  once ;  June  22,  it  embarks 
at  Fort  Snelling  for  the  seat  of  war. 

1862.  Call  for  600,000   men.     August  17,  massacre  at   Acton; 

August  1 8,  outbreak  at  lower  Sioux  agency;  igth, 
New  Ulm  attacked;  2oth,  Fort  Ridgely  attacked; 
25th,  second  attack  on  New  Ulm;  3Oth,  Fort  Aber- 
crombie  besieged ;  September  I,  the  bloody  affair 
at  Birch  Coolie.  September  19,  first  railroad  in 
Minnesota  in  operation,  between  St.  Paul  and  Min- 
neapolis. September  22,  battle  of  Wood  Lake  ;  26th, 
captives  surrendered  at  Camp  Release ;  military  com- 
mission tries  321  Indians  for  murder,  rape,  etc. ;  303 
condemned  to  die  ;  December  26, 38  hung  at  Mankato. 


36  Chronological  Arrangement 

1863.  General  Sibley's  expedition  to  the  Missouri  River;  July  3, 

Little  Crow  killed ;  July  24,  battle  of  Big  Mound ; 
July  26,  battle  of  Dead  Buffalo  Lake  ;  July  28,  battle 
of  Stony  Lake. 

1864.  Large   levies  for  troops.     Expedition  to  Missouri  River 

under  Sully.  Inflation  of  money  market.  Occa- 
sional Indian  raids. 

1865.  Minnesota  regiments  return  from  the  Civil  War  and  are 

disbanded.     In  all  25,052  men  were  furnished  by  the 

State.     Census  shows  250,000  inhabitants. 
1 866-72.   Rapid  railroad  building  everywhere ;  immigration  heavy ; 

"  good  times  "  prevail,  and  real  estate  inflated. 
1869.   College  work  begins  in  the  State  University. 
1873.   January  7,  8,  and  9,  polar  wave  sweeps  over  the  State ; 

seventy   persons   perish.      Grasshopper  raids  begin 

and  continue  five  seasons. 

1877.  Biennial  session  amendment  adopted.     Proposal  to  pay 

railroad  bonds. 

1878.  May  2,  three  flouring  mills  at  Minneapolis  explode ;  eigh- 

teen lives  lost. 

1880.  November  15,  portion  of  the  hospital  for  the  insane  at  St. 

Peter  destroyed  by  fire. 

1 88 1.  March  i,  the  State  capitol  destroyed  by  fire.     Railroad 

bonds  redeemed. 
1884.   January  25,  State  prison  partially  burned. 

1886.  April  14,  a  cyclone  strikes  the  cities  of  St.  Cloud  and  Sauk 

Rapids,  demolishing  scores  of  buildings  and  killing 
about  seventy  people. 

1887.  Important  legislation  regarding  the  liquor  traffic,  common 

carriers,  and  elections. 

1889.  The  legislature  enacts  the  Australian  system  of  voting  in 

cities  of  10,000  and  over.  The  first  electric  street 
railway  started  in  the  State,  at  Stillwater. 

1890.  United   States   census   shows  a  population  of  1,301,826. 

July,  accident  at  Lake  Pepin,  one  hundred  people 
drowned  ;  cyclone  at  Lake  Gervais. 

1891.  June  15,  a  destructive  cyclone  started  in  Jackson  County, 

near  the  town  of  Jackson,  traversing  Martin,  Fari- 
bault,  Freeborn,  Mower,  and  Fillmore  counties. 


of  the  History  of  Minnesota  37 

1892.  June  7,  Republican  national  convention  held  at  Minne- 

apolis. The  Australian  system  of  voting  used  at  the 
November  general  election. 

1893.  The  legislature  authorizes  the  appointment  of  a  capitol 

commission  to  select  a  site  for  a  new  capitol,  and 
provides  a  tax  of  two-tenths  of  a  mill  for  ten  years 
to  pay  for  the  site  and  the  erection  of  a  building.  A 
great  financial  crisis  causes  the  failure  of  several 
banks  and  many  mercantile  and  manufacturing  es- 
tablishments in  the  larger  cities  of  the  State. 

1894.  September  i,  destructive  forest  fires  start  in  the  neigh- 

borhood of  Hinckley,  in  Pine  County. 

1895.  Population  by  State  census  1,574,619. 

1896.  The  Red  Lake  Indian  reservation  partly  opened  to  settle- 

ment. 

1897.  July  2,  the  monument  at  Gettysburg  to  the  First  Minne- 

sota Regiment  was  dedicated. 

1898.  July  27,  the  corner-stone  of  the  new  capitol  was  laid. 

Minnesota  supplied  four  regiments  for  service  in  the 
Spanish  war,  being  the  first  State,  May  7,  to  respond 
to  the  President's  call.  October  5,  the  Pillager 
Indians  attacked  United  States  troops  near  Sugar 
Point,  Leech  Lake. 
1900.  United  States  census  shows  a  population  of  1,751,394. 


CHAPTER   III 

ORGANIZATION  OF  THE  STATE 

15.   REFERENCES 

Bryce,  The  American  Commonwealth,  chs.  xxxvi.,  xxxvii.,  xxxix. ;  Wil- 
son, The  State,  sees.  1088-1105  (revised  edition);  Fiske,  Civil  Gov- 
ernment in  the  United  States,  chs.  vi.,  vii.;  Hitchcock,  American  State 
Constitutions  (a  good  book  to  show  the  nature  of  commonwealth 
constitutions,  and  the  necessity  of  amendment).  The  constitution  of 
Minnesota  may  be  found  in  the  Legislative  Manual,  published  every 
two  years  by  the  Secretary  of  State,  and  in  Poore,  Charters  and  Consti- 
tutions. The  chief  parts  are  printed  in  Appendix  J. 

1 6.    RESTRICTED  POWERS  OF  THE  STATE 

In  the  preceding  chapters  we  were  told  how  the 
people  of  Minnesota  framed  a  written  constitution 
under  the  limitations  of  the  Constitution  of  the  United 
States.  Thus  restricted,  they  were  not  able  to  do  all 
the  things  that  belong  to  a  sovereign  people,  but  in 
the  conduct  of  their  immediate  affairs  and  matters  per- 
taining to  local  government  they  were  supreme.  The 
coining  of  money,  keeping  an  army  or  navy,  declar- 
Powersofa  ing  war,  or  making  treaties  was  forbidden  to  them; 
nor  could  they  abridge  the  rights  of  citizens  of  other 
States,  or  pay  the  debts  that  might  be  incurred  in  the 
aid  of  any  rebellion ;  but  the  Federal  power  granted 
them  the  right  of  representation  in  Congress,  of  tak- 
ing part  in  the  election  of  President  and  Vice-Presi- 
dent,  and  self-protection  from  invasion.1  With  this 

1  Constitution  of  the  United  States,  Art.  I.,  Sees.  8,  9. 
38 


Restricted  Powers  of  the  State  39 

agreement  the  State  constitution  was  framed,  ratified 
by  the  people  as  the  instrument  under  which  they 
were  to  be  governed,  and  accepted  by  Congress  as  in 
accord  with  the  Constitution  of  the  United  States. 

When  we  speak  of  the  word  constitution  we  mean 
a  written  instrument  which  sets  forth  the  method  of 
government,  the  division  of  powers,  and  the  rights 
and  privileges  of  the  people.  Such  an  instrument 
contains  a  preamble,  a  bill  of  rights,  the  provisions  for  constitution 
a  government,  and  various  restrictions  on  the  power  defined, 
of  government,  and  provisions  treating  of  finance, 
amendment,  and  franchise.  The  object  of  a  writ- 
ten constitution  is  to  give  definite  form  and  author- 
ity to  government,  to  protect  individuals  against  that 
government,  and  to  establish  justice. 

17.   THE  CONSTITUTION,  PREAMBLE,  AND  BILL  OF 
RIGHTS 

The  constitution  of  Minnesota  became  the  organic 
law  on  May  11,  1858.     When  ratified  by  the  people 
it  contained,  in  addition  to  the  preamble,  fifteen  arti-  contents  of 
cles.     The  first  of  these  is  the  Bill  of  Rights ;  then  the 

.  _.       Constitution. 

follow  in  succession  the  articles  on  Boundaries ;  Dis- 
tribution of  the  Powers  of  Government  into  the  Leg- 
islative, Executive,  and  Judiciary  departments;  the 
Elective  Franchise ;  School  Funds,  Education,  and 
Science  ;  Finance  and  Banking ;  Corporations  ;  Coun- 
ties and  Townships;  Militia;  Impeachment;  Amend- 
ments ;  and  the  Schedule.1 

The  preamble  is  the  enacting  clause  of  the  con- 
stitution, and  sets  forth  the  motive  and  design  of  the  Preamble- 

1  See  Appendix  J,  containing  parts  of  the  constitution. 


40  Organization  of  the  State 

instrument,  and  who  are  the  enactors.1  In  order 
that  there  may  be  no  dispute  in  regard  to  the  rights 
the  people  possess  and  the  powers  with  which  the 
government  has  been  endowed,  a  bill  of  rights, 
enumerating  the  privileges  of  the  people,  is  inserted 
in  the  constitution.  The  bill  of  rights  is  in  one  sense 
the  epitome  of  the  precious  privileges  won  by  the 
Anglo-Saxon  race.  In  it  are  to  be  found  assertions 
of  the  right  to  reform  or  modify  the  government, 
of  freedom  of  speech,  of  the  press,  and  of  religious 
liberty.  A  number  of  legal  rights  are  contained 
therein,  such  as  trial  by  jury,  freedom  from  exces- 
sive bail,  from  unreasonable  search,  from  imprison- 
Biii  of  ment  for  debt,  and  the  prohibition  of  ex  post  facto  laws 

Rights.  an(j  kius  Oj  attainder.  The  basis  of  criminal  proced- 
ure is  also  provided  for,  in  that  every  person  charged 
with  committing  a  crime  must  be  indicted  by  the 
grand  jury  before  he  is  put  upon  trial.2 

"  Every  person  is  entitled  to  a  certain  remedy  in 

the  law   for   all  injuries  to  his  person,  property,  or 

Legal  character ;  he  ought  to  obtain  justice  freely  and  with- 

Rights.  out  purchase ;  completely  and  without  denial ;  promptly 

and  without  delay,  conformable  to  the  laws."3      In 

order  to  secure  such  an  end  the  rights  spoken  of 

above  and  along  with  them  the  privilege  of  the  writ 

of  habeas  corpus  can  be  denied  to  none.4 

The  other  articles  of  the  constitution  are  construc- 

1  The  instructor  should  make  clear  the  reason  for  the  preamble  and 
the  bill  of  rights. 

2  See  ch.  vii.  on  Administration  of  Justice. 
8  Constitution  of  Minnesota,  Art.  I.,  Sec.  8. 

4  The  instructor  will  find  it  profitable  to  have  the  students  make  a 
comparison  of  the  bill  of  rights  in  the  State  constitution  with  that  of 
the  United  States. 


Amendment  and  Revision  of  the  Coiistifiition   41 

tive  in  that  the  frame  of  the  government  is  outlined 
in  them.  With  these  we  shall  have  more  to  do  in 
other  parts  of  the  book,  and  therefore  postpone  for 
the  time  their  discussion. 


1 8.  AMENDMENT  AND  REVISION  OF  THE  CONSTITU- 
TION 

The  people  retain  the  important  power  to  amend 
and  revise  their  constitution  from  time  to  time.  All 
amendments  and  revisions  must  be  finally  submitted  revise, 
to  them  or  to  their  representatives.  Amendments  are 
made  through  the  legislature,  revisions  by  a  conven- 
tion called  by  the  legislature.1 

Any  member  of  the  legislature  may  offer  an 
amendment  to  the  constitution,  which,  if  it  receives 
a  majority  vote  of  both  houses,  is  published  with  the 
laws  passed  at  the  same  session,  and  then  submitted 
to  the  people  (at  the  next  election)  for  acceptance  or 
rejection.  If  a  majority  of  all  the  electors,  voting  at 
the  election,  favor  the  amendment,  it  becomes  a  part 
of  the  constitution.  In  case  two  or  more  amendments 
are  submitted  at  the  same  time,  the  law  provides  that 
each  shall  be  voted  upon  separately.  In  this  manner 
of  amendment  there  is  a  danger.  The  legislature 
may  submit  matters  that  are  not  in  any  sense  con- 
stitutional. Thus  questions  which  the  legislature 
wishes  to  avoid  may  be  put  in  the  form  of  an  amend- 
ment to  the  constitution,  and  the  responsibility  of 
further  action  evaded.  Amendments  becoming  part 
of  the  constitution  in  this  manner  may  make  that 

1  Constitution  of  Minnesota,  Art.  XIV.,  Amendments. 


42  Organization  of  the  State 

instrument   a    body   of    laws    instead    of    a   set   of 
principles. 

The  legislature  does  not  possess  the  power  of 
revising  the  constitution,  but  it  may  take  the  first 
steps  toward  that  end.  Whenever  two-thirds  of  the 
members  of  each  house  deem  it  necessary  to  revise 
the  constitution  a  convention  may  be  called,  but  not 
^.j  ^  question>  « ^^\\  a  convention  be  called?"  is 
submitted  to  the  people  at  the  general  election  of 
members  to  the  legislature.  If  a  majority  of  the 
electors  declare  for  a  convention,  the  legislature  at 
its  next  session  must  provide  for  one.  The  constitu- 
tion is  explicit  about  the  time  and  membership  of  the 
convention.  The  meeting  of  delegates  must  take 
place  within  three  months  after  the  election,  and  the 
delegates  are  chosen  in  the  same  manner  and  the 
same  number  as  the  members  of  the  House  of  Repre- 
sentatives. The  method  of  amendment  and  revision 
are  shown  in  detail  in  the  order  of  procedure  given 
below.1 

1l.  AMENDMENT 

(#)  Proposal  by  members  of  the  legislature. 

(£)  Acceptance  by  a  majority  vote  of  the  legislature. 

(<r)   Submission  to  electors. 

(cT)  Ratified  or  rejected  by  electors. 

II.  REVISION 

(a)  Proposed  by  member  or  committee  of  the  legislature. 
(£)  Acceptance  by  two-thirds  of  the  legislature, 
(f)  The  question  of  a  convention  submitted  to  the  electors. 
(#)  If  accepted  the   legislature  provides  for  the  holding  of 

the  convention. 
(i)   Election  of  delegates. 
(_/")  Meeting  of  the  convention. 
(£•)  Work  of  the  convention  referred  to  the  people. 


Administrative  Divisions  43 

19.   ADMINISTRATIVE  DIVISIONS 

Each    State   is   permitted    under    its   constitution 
and  that  of  the  United  States  to  regulate  its  own 
affairs.      It  can  make  towns  and  counties,  provide 
for  their  organization,  train  militia,  establish  courts  Administra- 
and   police,   levy   taxes,   arrange   for  the  education  'ive  . 

*  functions. 

of  the  youth,  construct  buildings  for  the  care  of 
insane,  paupers,  and  the  confinement  of  criminals, 
and  build  bridges  and  roads.  In  carrying  out  these 
duties  and  powers  the  State  of  Minnesota  exercises 
its  authority  through  these  sets  of  officials,  executive, 
legislative,  and  judicial.  It  is,  however,  to  be  noted 
that  in  practice  government  is  administered  by  what 
we  may  call  the  Central  Government  and  the  Local 
Government.  To  each  is  intrusted  a  distinct  part 
of  the  work  of  the  State,  both  sharing  the  executive, 
legislative,  and  judicial  duties  spoken  of  above.  The 
work  of  the  central  government  is  general,  reaching 
all  parts  of  the  State,  while  that  of  the  local  govern- 
ment is  confined  to  particular  districts. 

In   order  to  conduct  the  business  of  the  central 
government,  the  governor  is  given  power  to  enforce 

C^cntrfll 

the  laws  in  any  part  of  the  Commonwealth,  but  to  do  government, 
this  he  relies  in  no  small  degree  upon  the  local  offi-  Executive- 
cers.     On  this  account  his  executive  work  does  not 
require  the  districting  of  the  State,  but  in  the  crea- 
tion of  a  legislature  some  organization  of  districts  is 
necessary,  for  each  part  of  Minnesota  has  the  right 
and  privilege  of  representation  m  the  making  of  the 
laws.     As  a  result  we  have  legislative  districts.     The 
assembly   constituted  by  the  gathering  of  the  men 
elected  from  the  various  localities  is  called  a  legis- 


44 


Organization  of  the  State 


Legislature. 


Judiciary. 


Local 
government. 


lature,  and  to  it  belong  the  powers  of  lawmaking, 
not  only  for  the  central,  but  also  the  local  govern- 
ments. Towns  and  villages  may  enact  ordinances 
which  are  necessarily  subordinate  to  the  laws  enacted 
by  the  legislature. 

The  judicial  part  of  the  central  government  is 
largely  provided  for  by  the  constitution.  Each  com- 
munity has  its  State  court  under  the  name  of  district 
courts,  in  which  the  cases  arising  in  the  neighbor- 
hood are  tried.  In  the  schedule  (a  part  of  the  con- 
stitution) six  districts  were  first  mentioned  in  which 
courts  were  established.  From  time  to  time  the 
growth  of  the  State  and  the  increase  of  legal  busi- 
ness demanded  changes  in  the  number  of  courts.  As 
these  changes  became  necessary  the  legislature 
altered  the  boundaries  of  former  districts  until  there 
are  now  eighteen.  Sometimes  the  judicial  business 
within  the  limits  of  a  single  county  is  so  large  that  a 
county  constitutes  a  court  district.  Such  is  the  case 
with  Hennepin  and  Ramsey  counties. 

The  superior  court  of  the  central  government  is 
called  the  supreme  court  and  is  composed  of  five 
judges  who  sit  at  the  capital  of  the  State  and  hear 
appeals  from  the  decisions  of  the  district  courts. 
When  once  rendered  the  decision  of  this  court  is 
final. 

In  a  very  brief  and  summary  way  we  have  the 
work  of  the  central  government  before  us ;  the  local 
government,  occupying  a  very  large  part  in  the  prob- 
lems of  law  and  order,  now  demands  our  attention. 

The  divisions  of  local  government  are  more  numer- 
ous than  those  of  the  central  organization.  They 
consist  of  the  county,  township,  city,  and  village. 


Administrative  Divisions  45 

There  is  no  special  provision  in  the  constitution  for 

the  existence  of  individual  counties,  towns,  cities,  or 

villages,  but  authority  is  given  to  the  legislature  to 

create  them.     In  fact,  it  can  be  said  that  the  State 

is  the  creator  and  initiator  of  local  government.     The 

people  are  permitted  to  provide  their  own  govern- 

ment for  local  affairs,  but  it  must  be  in  the  form  and 

manner  indicated  by  the  constitution  and  statutes. 

Thus,  when  the  establishment  of  a  county  is  spoken 

of,  it  is  meant  that  a  part  of  the  territory  of  the  Com-  The  county> 

monwealth  has  been  set  apart  by  the  legislature  to 

be  in  the  future  organized  as  a  political  community, 

or  a   quasi-corporation  for  political  purposes.     The 

organization  of  the  county  is  a  step  further  in  advance. 

It    is   vesting  in   the    people    the  corporate  rights 

and  powers  to  carry  on  the  business  of  the  division 

called  a  county.     The  right  of  the  people  to  act  in 

this  capacity  is  denied  until  the  county  is  fully  or- 

ganized as  provided   by  the  constitution  and  laws.1 

But  the  formation  of  such  a  local  government  is  a 

voluntary  act,  and  may  be  undertaken  by  the  people 

under  the  forms  provided  by  the  legislature. 

Just  what  is  the  relation  of  a  county  to  the  State  ? 
The  county  is  not  a  legislative  district,  nor  a  judicial 


one,  although  forming  a  part  of  these.  The  relation  in  its  relation 
is  rather  fiscal  and  executive  than  otherwise.  The 
State  depends  upon  the  county  for  the  levying  and 
collection  of  taxes,  —  that  is,  the  county  treasurers 
collect  the  taxes  for  all  the  political  divisions  in  the 
State.  Thus  the  people  of  a  city,  town,  or  village 
pay  their  taxes  at  the  office  of  the  county  treasurer. 
He  in  his  turn  divides  the  money  so  collected  among 

1  See  pp.  62,  71. 


46  Organization  of  the  State 

the  different  political  divisions,  giving  part  to  the 
State,  part  to  the  town,  city,  or  village,  and  retaining 
part  for  the  uses  and  expenses  of  the  county.  The 
executive  relation  is  through  the  office  of  sheriff. 
This  officer  enforces  the  laws  of  the  State  in  the 
county,  and  is  responsible  to  the  governor  for  their 
enforcement.  In  turn  the  sheriff  can  call  upon  the 
governor  for  aid  in  suppressing  riot  and  disorder. 
The  legislative  powers  of  the  county  are  reposed, 
very  largely,  in  the  county  commissioners,  who  are 
chosen  by  a  vote  of  the  people,  as  are  -  all  other 
county  officers. 

The  relations  just  spoken  of  in  the  case  of  the 
county  are  not  so  apparent  when  we  come  to  the 
city,  village,  and  town.  These  are  all  local  divisions, 
and  have  no  direct  connection  with  the  State  govern- 
ment, other  than  in  the  right  of  the  legislature  to 
make  laws  for  their  organization1  and  government. 
These  local  governments  may  possess  judicial,  execu- 
tive, and,  to  a  minor  degree,  legislative  functions. 
The  city  has  a  municipal  court,  where  matters  arising 
under  the  ordinances  of  the  city  are  considered,  and 
in  some  cases  possesses  a  wider  jurisdiction  than  that 
judicial  of  a  justice  of  the  peace.  The  same  may  be  said  of 
functions.  a  viuage>  although  when  the  village  is  small  a  justice 
of  the  peace  is  the  judicial  officer.  The  township  is 
the  smallest  local  organization,  and  exercises  its 
judicial  functions  through  a  justice  of  the  peace. 
These  courts  are  original  in  their  jurisdiction,  that  is, 
the  cases  which  they  hear  originate  in  these  courts 
and  do  not  come  to  them  from  some  lower  court. 
If  disagreement  arises  as  to  the  decisions  of  the 

1  25  Minn.  Reports  215. 


Administrative  Divisions  47 

judge  or  justice,  an  appeal  may  be  usually  taken  to 
the  district  court,  and  finally,  in  some  cases,  to  the 
highest  tribunal  in  the  State,  the  supreme  court. 

The  executive  functions  of  the  local  divisions  are 
numerous,  but  not  closely  connected  with  the  central 
government.  The  constables  of  the  townships  and 
villages,  and  the  police  of  the  cities,  are  guardians  of  Actions 
State  property,  and  they  also  enforce  State  laws,  but  of  local 
their  particular  business  is  local.  The  township  is  g™ 
an  election  district  when  State  elections  occur  ;  again, 
this  same  division  is  also  a  taxing  district.  In  the 
case  of  a  city  the  entire  city  is  an  assessment  district, 
divided  into  small  sections  for  the  convenience  of  the 
assessors.  Outside  the  maintenance  of  order,  the 
assessment  of  property,  and  the  conduct  of  elections, 
the  city,  township,  and  village  have  little  or  no 
general  functions  of  government  to  perform.  In  the 
paving  of  streets,  furnishing  of  water  and  light, 
building  sewers,  and  guarding  public  health,  the 
functions  of  city  and  town  government  are  very  im- 
portant, and  to  this  end  has  executive,  legislative,  and 
judicial  departments. 

All  of  these  bodies  have  certain  powers  which  are 
the  same  in  every  local  division  throughout  the  State. 
Within  the  limits  of  these  they  are  free  to  act;  but  the  %*£$£ 
legislature  may,  whenever  it  sees  fit,  alter  the  powers  ture  over 

,         ...  r     i       i         i  i       T 

and  privileges  of  the  local  bodies. 

In  the  foregoing  paragraphs  the  relations  existing 
between  the  central  and  local  governments  have  been 
pictured  in  a  general  way.  In  the  next  two  chapters 
more  detailed  discussions  of  both  governments  will 
be  taken  up,  —  first  the  central,  and  second  the  local 
government. 


Elective  and 

appointive 

officers. 


CHAPTER   IV 

THE   CENTRAL   GOVERNMENT 

20.    REFERENCES 

Bryce,  The  American  Commonwealth,  chs.  xl.,  xli.,  xlii.;  Wilson, 
The  State,  sees.  1126-1208;  Fiske,  Civil  Government  in  the  United 
States,  ch.  vi.;  Nordhoff,  Politics  for  Young  Americans;  Dole,  The 
American  Citizen,  ch.  xi. ;  Wright,  Practical  Sociology,  ch.  vi. ;  The 
Legislative  Manual  of  Minnesota,  1899;  The  General  Statutes  of 
Minnesota  (the  index  contains  references  to  all  officers  and  is  an  in- 
valuable aid  to  the  study  of  civil  government).  See  also  Appendices 
J,  L,  and  M. 

21.   THE  EXECUTIVE 

The  usual  triple  division  of  functions  exists  in  the 
central  government  of  Minnesota.  The  executive 
department  consists  of  those  officers  who  administer 
the  affairs  of  the  State;  the  legislative  power  rests 
with  a  Senate  and  House  of  Representatives;  and 
the  judicial  power  is  vested  in  a  supreme  court  and 
other  minor  courts. 

The  officers  who  administer  State  affairs  may  be 
divided  into  elective  and  appointive  officers.  Of  the 
first  group  there  are  the  governor,  lieutenant  gov- 
ernor, secretary  of  state,  auditor,  treasurer,  and  attor- 
ney general,  who  are  elected  for  terms  of  two  years, 
with  the  exception  of  the  auditor.  The  other  offi- 
cials are  appointed  by  the  governor  for  two-year 
terms.1 

1  See  Appendix  L. 
48 


The  Executive  49 

The  governor  is  the  highest  executive  officer  of  the 
State.  To  hold  this  office  he  must  be  a  citizen  of  The 
the  United  States,  twenty-five  years  of  age  when 
elected,  and  a  resident  of  the  State  one  year  before  tions  and 
election.  His  duties  are  somewhat  similar  to  those 
of  the  President.  When  the  legislature  meets, 
which  is  every  two  years,  he  is  to  inform  them  by 
message  of  the  condition  of  the  State.  He  also  acts 
as  the  commander-in-chief  of  the  militia.  In  fact, 
the  comprehensive  duty  of  this  officer  is  to  see  that 
the  laws  are  faithfully  executed.1 

As  the  head  of  the  Commonwealth,  the  governor 
possesses  a  number  of  important  powers,  which  are 
put  down  here  under  four  heads  :  (i)  The  Veto  Power.   Powers  of 
In  order  that  hasty  legislation  may  be  prevented,  the  (i)0^*6' 
governor,  who  is  required  to  sign  all  bills  before  they  veto  power, 
become  law,  may  withhold  his  signature  from  any 
bill  sent  to  him   by  the  lawmaking  body;   but  the 
legislature   may   pass  the   bill  over  the  governor's 
veto  by  a  two-thirds  vote  of  each  house.     In  appro- 
priation bills  the  executive  may  object  to  single  items 
without  affecting  the  other  provisions.     (2)  Remov-  (2)  Remov- 
als.     A  power  of  removal  rests  with  the  governor,  als- 
which  he  may   exercise   in   the   case   of   appointive 
officers   and   those   of   local   administrative   districts 
who  have  to  do  with  public  money,  and  have  been, 
in  the  words  of  the  statutes,  guilty  of  malfeasance  or 
non-feasance   in   the   performance    of    their    official 
duties.2    (3)    Vacancies.     When  vacancies  occur,  the   (3)  Vacan- 
governor  may  fill  them  by  appointment  until  the  next  Cles> 
annual   election.     Perhaps  the  appointing  power  of 

1  Constitution  of  Minnesota,  Art.  V.,  Sec.  4. 
a  General  Statutes  of  Minnesota^  1894,  §  893. 


The  Central  Government 


(4)  Pardon- 
ing power. 


Lieutenant 
governor. 


the  governor  is  the  largest  function  he  possesses. 
With  the  consent  of  the  Senate  he  selects  the  insur- 
ance commissioner,  superintendent  of  public  instruc- 
tion, railroad  commissioner,  public  examiner,  adjutant 
general,  and  many  other  minor  officers.  In  addition 
to  these,  the  governor  appoints  the  members  of  the 
governing  bodies  of  State  institutions  and  various 
boards.1  (4)  The  Pardoning  Power.  The  usual 
pardoning  power  of  the  executive  since  1897  does 
not  rest  with  the  governor  alone,  but  is  vested  in  a 
board  of  pardons  consisting  of  the  governor,  attorney 
general,  and  the  chief  justice  of  the  supreme  court.2 

The  lieutenant  governor  is  what  might  be  called  an 
emergency  officer.  His  qualifications  for  the  office 
are  the  same  as  those  for  governor.  The  duties, 
however,  are  almost  nominal.  The  lieutenant  gov- 
ernor is  by  virtue  of  his  office  the  presiding  officer 
of  the  Senate.  In  case  of  a  vacancy  in  the  guberna- 
torial office  he  becomes  governor. 


The 

secretary 
of  state. 


22.    OTHER  ELECTIVE  OFFICERS 

The  executive  power  is  supplemented  by  a  number 
of  elective  officers.  The  secretary  of  state  in  order 
of  succession  stands  next  to  the  lieutenant  governor. 
His  duties  are  of  a  miscellaneous  nature.  He  keeps 
the  seal  and  papers  of  the  State,  records  the  papers 
and  bonds  of  corporations,  companies,  and  county 
officials,  publishes  the  laws,  prepares  the  election 
blanks,  takes  the  State  census  every  ten  years,  and 
superintends  in  a  general  way  the  State  printing. 


1  See  Appendix  L. 

2  Constitution  of  Minnesota,  Art.  V.,  Sec.  4. 


Appointive  Officers  51 

An  important  position  is  that  of  auditor.  His 
term  of  office,  because  more  skill  is  required  for  the  Auditor, 
duties,  is  four  years.  Two  kinds  of  work  are  done 
by  him,  the  regular  auditing  of  State  accounts  and 
the  superintendence  of  State  lands.  With  the  first 
group  of  duties  go  the  matters  of  State  taxes  and  the 
issuance  of  tax  blanks  and  printed  instructions  to 
county  officers;  with  the  second  the  sale  and  over- 
sight of  State  lands  belonging  to  the  public  school 
fund  and  the  university. 

The  funds  of  the  State  are  received  and  distributed 
by   the   State    treasurer.      His  duty  is    simple    but  Treasurer, 
arduous.     An  accurate  account  must  be  kept  of  all 
moneys  received  and  paid  out. 

With  so   many  interests  the  State  needs  a  legal 
adviser.     Such  an  officer  is  the  attorney  general,  who 
is  adviser  to  the  State  officials  and  the  counsel  of  the 
State  in  suits  at  law.      He  prepares  the  contracts  Attorney 
made  by  the  State,  and  receives  reports  of  the  crimi-  general, 
nal   cases  prosecuted    by   the    county   attorneys    in 
different  counties,  and   attends  to   appeals  in  cases 
where  the  State  is  interested  in  the  result 

23.   APPOINTIVE  OFFICERS 

A  large  number  of  officers  appointed  by  the  gov- 
ernor  assist  in  the    executive  work    of   the   State.1 
These  vary  from  insurance  commissioner   to  custo-  Reasonfor 
dian  of  the  capitol.     All  appointive  officers,  with  a  appoint- 
few  exceptions,  hold  their  positions  during  the  term  of 
the  governor.    The  impossibility  of  the  mass  of  voters 
knowing  anything  about  the  qualifications  necessary 

1  See  Appendix  L  for  Appointive  Officers. 


The  Central  Government 


Insurance 
Commis- 
sioner. 


Superinten- 
dent of 
Public 
Instruction. 


Public 

Examiner. 


Other 
Officers. 


for  these  minor  offices  makes  it  wise   to   place  the 
appointing  power  in  the  hands  of  the  governor. 

The  office  of  insurance  commissioner  was  created 
in  1872.  His  particular  duty  is  to  prevent  the 
organization  of  irresponsible  companies  and  to  regu- 
late the  action  of  foreign  companies  in  the  State. 
The  superintendent  of  public  instruction  fills  a  posi- 
tion of  great  importance.  He  has  general  supervision 
of  the  educational  interests  of  the  State.  The  appoint- 
ment and  general  management  of  teachers'  insti- 
tutes rest  with  him,  and  he  also  acts  as  an  adviser  to 
the  county  and  city  superintendents.  "  Ex  officio  " 
he  is  a  member  of  the  Board  of  Regents  of  the  State 
University,  secretary  of  the  High  School  Board,  and 
a  member  of  the  Normal  School  Board.  To  each 
legislature  the  superintendent  makes  an  elaborate 
report  of  the  condition  of  the  schools.  The  public 
examiner  is  the  expert  accountant  of  the  State.  He 
has  almost  unlimited  power  to  examine  the  accounts 
of  banks  and  public  institutions.  So  important  is  the 
office  regarded  that  the  examiner  is  held  in  a  bond  of 
fifty  thousand  dollars.  This  office  is  an  exception  to 
the  usual  appointive  office  in  that  the  term  is  three 
instead  of  two  years.  Besides  these  officers  are  the 
labor  commissioner,  the  adjutant  general,  dairy  com- 
missioner, inspector  of  illuminating  oils,  State  libra- 
rian, State  printing  expert,  fire  wardens,  and  custodian 
of  public  buildings  and  property. 


24.   COMMISSIONS  AND  BOARDS 

A  number  of  executive  functions  have  been  placed 
in  the  control  of  commissions  and  boards.     The  mem- 


The  Legislature  53 

bership  of  these  boards  is  determined  by  law,  the 
governor  appointing  new  members  from  time  to  time  Boards, 
as  vacancies  occur.  The  public  institutions  are  under 
the  charge  of  boards ;  and  besides  these  are  adminis- 
trative bodies  like  the  railroad  commissioners,  boards 
of  health,  equalization,  charities  and  corrections,  fish- 
eries, and  examiners  appointed  to  examine  candidates 
for  admission  to  the  practice  of  medicine,  pharmacy, 
dentistry,  law,  and  barbering.  To  the  Railroad  Com- 
missioners are  intrusted  the  regulation  of  charges  on 
transportation  and  grain  storage.  The  board  is  em- 
powered to  establish  maximum  rates  for  carrying  pas- 
sengers and  freight,  and  to  inspect  grain  at  various 
shipping  points.1  The  Board  of  Health  has  to  do  with 
the  public  health,  and,  if  necessary,  the  enforcement 
of  the  State  sanitary  laws,  while  the  Board  of  Equal- 
ization deals  with  the  equalization  of  taxes  in  the 
different  parts  of  the  State.  Each  board  has  a  sec- 
retary who  receives  a  salary,  but  the  members  of  the 
boards  themselves,  except  in  the  case  of  the  Board  of 
Equalization,  receive  no  pay  beyond  their  expenses. 
Thus  far  the  board  system  has  worked  very  satisfac- 
torily in  Minnesota. 

25.   THE  LEGISLATURE 

The  lawmaking  body  of  the  State  consists  of  a 
Senate  and  House  of  Representatives,  which  meets 
at  the  capital  in  St.  Paul  every  odd-numbered  year. 
The  day  of  meeting  is  the  first  Tuesday  after  the  first 
Monday  in  January.  The  session  of  the  legislature 
is  limited  by  the  constitution  to  ninety  days,  during  ^tein°f 

1  General  Statutes,  1894,  §  379  ;  Legislative  Manual,  1899,  p.  325. 


54  The  Central  Government 

the  last  twenty  of  which  no  new  bills  may  be  intro- 
duced by  members  of  either  house  except  by  the 
written  request  of  the  governor.  This  is  done  to 
prevent  the  hasty  passage  of  bills  in  the  last  days  of 
the  session. 

The  membership  of  the  two  houses  is  quite  differ- 
Membership.  ent.  The  State  is  divided  into  sixty-three  legislative 
districts;  from  each  district  one  senator  is  elected. 
Each  senatorial  district  elects  one  or  more  repre- 
sentatives, the  number  depending  upon  the  popula- 
tion in  the  district.  The  Senate  is  thus  composed  of 
sixty-three  members,  and  the  House  of  Representa- 
tives of  one  hundred  and  nineteen.1  The  terms  of 
service  also  differ.  Senators  serve  four  years, 
representatives  two.  The  members  of  the  House 
are  newly  elected  for  each  regular  session  of  the 
legislature,  but  only  one-half  the  senators  are  chosen 
for  each  regular  session.  The  compensation  of  mem- 
bers has  been  fixed  at  five  dollars  per  day,  and  fifteen 
cents  per  mile  for  travel  to  and  from  their  places  of 
residence. 

The  qualifications  for  membership  in  the  legisla- 
ture are  about  the  same  as  those  of  an  elector.2  Any 
male  citizen  of  the  United  States,  who  has  reached 

Qualifica- 
tions, the  age  of  twenty-one,  and  has  been  a  resident  of  the 

State  one  year,  and  of  the  district  from  which  he  is 
elected  six  months,  may  be  chosen  a  member  of  the 
legislature.  An  additional  restriction,  however,  has 
been  placed  upon  senators  and  representatives,  and 
that  is  that  they  may  not  hold,  during  their  term,  any 
office  under  the  authority  of  the  United  States  or  the 

1  Apportionment  of  1899.    Legislative  Manual,  1899,  P-  I24f 

2  Constitution  of  Minnesota,  Art.  IV.,  Sec.  9. 


The  Legislature  55 

State  of  Minnesota  except  that  of  postmaster.  As 
to  the  fulfilment  of  these  conditions,  the  constitution 
provides  "that  each  house  shall  be  the  judge  of  the 
election  returns  and  eligibility  of  its  own  members." 

Legislation  may  originate  in  either  house  with  the 
exception  of  bills  for  raising  revenue,  which  must 
originate  in  the  House  of  Representatives.  In 
regard  to  the  character  of  bills  the  constitution 
particularly  says,  "In  all  cases  when  a  general 
law  can  be  made  applicable,  no  special  law  shall  be 
enacted."  x 

The  constitution  further  forbids  the  legislature  to 
pass  any  special  laws  relating  to  the  affairs  of  local 

r    .     ....  Legislation 

governing  bodies,  the  property  of  individuals,  county  and 
seats,  corporations,  or  taxation.     In  addition  to  the  constitu- 
prohibitions  of   special  laws   the  legislature   cannot  prohibitions, 
grant  divorces   or  authorize  lotteries.      The  inhibi- 
tions of  local  or  special  laws  are  not  to  be  construed 
to  prevent  the  passage  of  general  laws  on  any  of  the 
subjects  enumerated  above. 

A  bill  in  the  legislative  sense  is  a  draft  of  a  pro- 
posed law  written  in  legal  phraseology,  and  intro- 
duced in  the  legislature  for  its  action.  The  method  passing  bills. 
of  passing  upon  such  an  act  is  quite  complicated, 
(i)  First  of  all  the  bill  is  introduced  by  a  member  or 
a  committee  at  the  time  in  the  day's  session  set  apart 
for  this  purpose.  (2)  Then  follows  its  reading, 
which  may  be  the  reading  of  the  whole  bill  or  of  its 
title  only.  (3)  If  no  objections  are  made  at  this 
point,  the  bill  is  ordinarily  referred  to  one  of  the 
standing  committees.2  (4)  When  ready  the  commit- 

1  Constitution  of  Minnesota,  Art.  IV.,  Sec.  33. 

2  For  list  of  committees  see  Legislative  Manual,  1899,  pp.  140-143. 


56  The  Central  Government 

tee  makes  its  report  on  the  bill.  (5)  The  bill  is  then 
read  a  second  time  and  referred  to  the  committee  of 
the  whole.  If  the  committee  of  the  whole  is  favor- 
ably impressed,  it  is  recommended  that  the  bill  "  do 
pass."  (6)  It  now  takes  a  place  on  the  "  calendar  " 
of  the  house  for  final  consideration.  (7)  When  it 
is  reached  the  bill  is  read  section  by  section,  and 
put  upon  its  passage.  (8)  The  bill  having  passed 
the  house  in  which  it  is  introduced,  it  is  sent  to  the 
other  house,  where  the  same  process  is  repeated.  (9)  If 
the  bill  passes  both  houses,  it  is  engrossed,  signed 
by  the  presiding  officer  of  each  house,  and  is  then  sent 
to  the  governor  for  his  signature.  The  governor  how- 
ever may  veto  the  bill;  that  is,  he  may  refuse  to 
sign  it.  In  such  a  case,  he  returns  it  with  his  objec- 
tions to  the  house  in  which  it  originated.  The  bill  is 
then  reconsidered,  and  if  two-thirds  of  the  members 
of  each  house  concur  in  passing  it  again,  it  becomes 
a  law  in  spite  of  the  governor's  disapproval.  If  the 
governor  desires  to  veto  a  bill  he  must  do  so  within 
three  days  from  the  time  it  is  sent  to  him.  If  he 
does  not  act  upon  it  within  that  time,  the  bill  becomes 
a  law  without  his  signature.1  In  this  lawmaking 
machinery  are  many  checks  for  the  purpose  of  pre- 
venting hasty  legislation  and  possible  corruption. 
Every  bill  is  read  three  times,  (although  the  first  read- 
ing is  likely  to  be  by  title  only,)  scrutinized  by  a  corn- 
mittee,  carefully  engrossed,  debated,  signed  by  both 
presiding  officers  and  by  the  governor.  If  each 
officer  acts  conscientiously,  but  few  objectionable  bills 
can  become  laws,  but  the  pressure  of  time  often  pre- 

1  Rules  of  House  and  Senate,  Legislative  Manual,  1899,  pp.  143- 


The  Legislature  57 

vents    careful    consideration    by  the    legislature    or 
executive. 

There  is  one  class  of  bills  that  differs  somewhat 
in  method  of  treatment  from  the  others.  These  are  . 

Appropna- 

the  appropriation  bills,  which  may  originate  in  either  tion  bills. 
house.  The  governor,  when  he  comes  to  sign  such  a 
bill,  may  object  to  any  one  item  without  vetoing  the 
whole.  If  the  legislature  cannot  pass  the  single  item 
over  the  objection  of  the  governor  by  a  two-thirds 
vote,  the  remaining  parts  of  the  bill  may  become  law; 
but  the  item  vetoed  remains  invalid.  This  very  wise 
provision  was  added  to  the  constitution  in  1876 
in  order  to  prevent  extravagant  and  unnecessary 
appropriations.1 

The  legislature  possesses  one  judicial  power.  This 
is  the  impeachment  and  trial  of  State  officers,  —  a 
power  which  has  thus  far  been  exercised  only  three 
times  in  Minnesota.2  The  House  of  Representatives 
has  the  sole  power  of  impeachment.  By  a  majority 
vote  this  body  passes  upon  the  charges  and  presents 
them  as  a  sort  of  indictment  to  the  Senate.  The 
Senate  acts  as  a  court  and  may  convict  by  con- 
currence of  two-thirds  of  the  senators  present. 
The  Senate,  however,  may  only  remove  from  office 
the  persons  impeached;  further  punishment  is  left 
to  the  regular  judicial  authorities.  The  members 
of  the  legislature  are  not  regarded  as  officers  within 
the  meaning  of  the  constitution,  and  cannot  be 
impeached. 

1  Constitution  of  Minnesota,  Art.  IV.,  Sec.  II. 

2  In  the  cases  of  Wm.  Seager,  State  Treasurer,  1873,  found  guilty; 
Judge  Sherman  Page  of  the  Tenth  Judicial  District,  1878,  acquitted; 
and  E.  St.  Julian  Cox,  District  Judge,  1882,  found  guilty. 


The  Central  Government 


The  system 
of  courts. 


Officers. 


26.   THE  JUDICIARY 

The  framers  of  the  constitution  made  definite 
provision  for  a  system  of  courts.  They  thought  it 
necessary  to  establish  a  power  that  should  render 
justice  and  interpret  the  laws  as  they  were  made  and 
executed.  The  system  in  this  State  consists  of  a 
supreme  court,  district  courts,  courts  of  probate,  jus- 
tices of  the  peace,  and  such  other  courts  as  the  leg- 
islature may  from  time  to  time  establish.1  Any 
addition  to  the  courts  provided  in  the  constitution 
must  be  made  by  a  two-thirds  vote  of  the  legis- 
lature. 

The  supreme  court  is  the  highest  court  in  the 
State.  It  is  composed  of  one  chief  justice  and 
four  associates,  who  are  elected  for  terms  of  six 
years.  They  receive  salaries  of  $5000  dollars  each. 
In  addition  to  the  judges  are  the  clerk  and  reporter. 
The  clerk  is  elected  for  four  years.  His  duties  are 
numerous;  he  files  the  documents  and  records  of 
cases  tried  in  the  court,  arranges  for  the  publication  of 
the  judges'  decisions  in  the  newspapers,  notifies  attor- 
neys and  parties  to  causes,  and  performs  other  duties 
prescribed  by  law.  The  reporter's  duties  are  very 
different  from  those  of  the  clerk.  His  one  work  is 
to  prepare  the  decisions  of  the  court  for  publication 
in  volumes  of  not  less  than  six  hundred  pages.  These 
volumes  of  reports,  when  printed  and  bound,  are  dis- 
tributed to  the  judges  of  the  district  and  probate 
courts,  the  university,  and  the  State  officers.  Others 
are  placed  on  sale  for  the  use  of  attorneys  and  the 
public. 

1  Constitution  of  Minnesota,  Art.  VI.,  Sec.  I. 


The  Judiciary  59 

The  supreme  court  meets  twice  a  year  at  St.  Paul,  Terms, 
beginning  in  April  and  October.     If   it  is   deemed 
necessary  special  terms  may  be  held,  but  only  after 
twenty  days'  notice  in  the  newspapers  of  the  State. 

Next  below  the  supreme  court  are  the  district 
courts.  The  courts  under  this  head  are  not  county 
courts,  although  the  districts  sometimes  coincide  with 
county  lines.  These  courts,  like  the  others,  are 
authorized  by  the  constitution  and  established  by  the 
legislature.  The  State  is  now  divided  into  eighteen 
districts,  each  district  having  one  or  more  judges, 
according  to  the  amount  of  judicial  business  arising 
within  the  limits  of  the  district.  The  judges  of 
these  courts  receive  $3500  per  annum  from  the  treas- 
ury of  the  State,  and  in  some  of  the  districts  an  addi- 
tional amount  is  paid  by  the  county  commissioners. 
The  judges  are  elected  for  six  years.  These  courts 
have  general  jurisdiction  in  civil  and  criminal  cases. 

There  are  two  justices  of  the  peace  for  each  town- 
ship, town,  and  city  in  the  State.  These  officers  have  Justices  of 
the  power  of  holding  court  and  of  trying  cases  when 
not  more  than  one  hundred  dollars  is  involved.  The 
justice  of  the  peace  is  elected  for  two  years  and 
receives  fees  as  his  compensation. 

The  court  system  thus  described  is  supplemented 
by  the  municipal  and  probate  courts.  The  municipal 
courts  are  a  creation  of  the  legislature.  Incorpo-  Municipal 

.  .  courts. 

rated  cities  may  have  municipal  courts,  but  the  power 
of  these  judicial  organizations  depends  somewhat 
upon  the  charter  of  the  city  in  which  they  are  situ- 
ated. These  courts  possess  a  seal  and  are  authorized 
to  keep  a  record.  The  judges  are  elected  for  a  term 
of  four  years  and  receive  a  salary  varying  with  the 


60  The  Central  Government 

size  of  the  city.  When  a  vacancy  occurs  in  the 
judgeship  it  is  filled  by  the  city  council. 

The  constitution  provides  that  there  shall  be  a  pro- 

Probate          bate  court  in  each  county.     This  court  has  jurisdiction 

courts.  in  the  settlement  of  estates  and  the  probate  of  wills, 

the  appointment  of  guardians,  and  the  examination 

of   insane   persons.      The   judge   is   elected   by  the 

electors  of  the  county  for  a  term  of  two  years. 

A  great  deal  of  the  legal  business  done  in  cities 
and  towns  must  be  certified  to  by  an  officer -of  the 
law.     For  this  purpose  the  legislature  has  provided 
for  the  appointment  of  notaries  public,  who  may  ad- 
Notaries        minister  oaths,  take  and  certify  depositions,  acknowl- 
pubiic.  edge    deeds,    mortgages,    liens,    and    other    papers. 

These  officers  are  appointed  by  the  governor  for 
seven  years,  and  in  receiving  the  appointment  must 
pay  a  fee  of  $3  and  give  a  bond  of  $2000.  The 
consideration  of  the  jurisdiction  and  the  procedure 
of  these  courts  is  reserved  for  the  chapter  on  the 
"Administration  of  Justice." 


CHAPTER  V 
LOCAL  GOVERNMENT 

27.   REFERENCES 

Fiske,  Civil  Government  in  the  United  States,  chs.  ii.,  iii.,  iv.,  v.; 
Bryce,  The  American  Commonwealth,  chs.  xlviii.,  xlix. ;  Legislative 
Manual,  1899;  General  Statutes  of  Minnesota,  1894;  Booth,  Township 
Manual;  Booth,  Justices'  Manual,  1898;  Bemis,  Local  Government  in 
Michigan  and  the  Northwest,  Johns  Hopkins  Studies,  I.  v.;  Wilson,  The 
State  (revised  edition),  sees.  1209-1259.  General  laws  for  1895,  !^97» 
1899,  as  published  in  the  newspapers  of  the  State  during  May  of  these 
years.  These  laws  will  usually  be  found  in  the  newspaper  offices  in 
the  different  counties.  The  General  Statutes,  1894,  give  all  that  is 
necessary  previous  to  1895. 

On  the  general  question  of  city  government  such  books  as  Wilcox, 
The  Study  of  City  Government,  Goodnow,  Municipal  Problems,  and 
Municipal  Home  Rule,  and  the  last  three  chapters  in  Bryce's  American 
Commonwealth,  I.,  will  be  found  valuable  as  supplementary  to  the  work 
in  the  last  sections  of  this  chapter. 

There  has  been  no  attempt  in  this  chapter  to  set  forth  the  details 
of  the  charters  of  the  three  larger  cities.  The  outlines  alone  are  given, 
but,  whatever  the  charter  changes,  these  will  remain  the  same. 

28.    THE  COUNTY 

The  legislature  of  the  State  is  the  link  that  unites 
the  central  and  local  governments.     The  constitution 
vests  in  it  the  power  to  provide  for  the  organization 
and  government  of  counties,  townships,  villages,  and  Local 
cities.    For  the  establishment  of  a  county  a  special  act  government 
of  the  legislature  is  usually  required  in  each  instance,  tions> 
but  in  the  case  of  townships,  villages,  and  cities,  the 

61 


organiza- 


62  Local  Government 

people  of  the  communities  concerned  take  the  initiative 
and  form  a  township,  village,  or  city  whenever  they 
can  comply  with  the  provisions  of  the  general  statute 
which  governs  their  action.  A  closer  examination 
will  bring  out  the  particular  features  of  each. 

The  county  is  an  administrative  division  standing 
between  the  central  government  and  the  minor  local 
divisions.  In  this  capacity  it  serves  three  principal 
purposes.  The  first  of  these  is  to  help  in  the  organiza- 
tion of  the  minor  local  divisions.  The  county  officers 
are  given  the  power  to  entertain  petitions  and  to  hold 
elections  for  the  establishment  of  towns  and  villages. 
Second>  the  county  officers  act  as  the  agents  of  the 
State  in  the  assessment  and  collection  of  taxes,  and 
in  the  apportionment  of  the  school  fund.  Third,  the 
county  carries  on  local  improvements  not  provided  for 
by  the  smaller  political  divisions,  such  as  the  building 
of  bridges,  construction  and  repairing  of  roads,  and 
erection  of  county  buildings.  The  care  of  paupers, 
and  sometimes  of  the  insane,  is  also  intrusted  to  the 
county. 

As  already  stated  in  a  previous  paragraph,  a 
county  is  organized  under  an  act  of  the  legislature. 
The  constitution  declares  on  this  point  that  no  new 
county  shall  contain  less  than  four  hundred  square 
miles  nor  shall  any  existing  county  be  reduced  below 
this  amount.  Some  of  the  older  counties  do  contain 
less  than  four  hundred  square  miles  and  a  number  of 
the  newer  organizations  have  as  many  as  five  and  six 
thousand  square  miles.  The  latter,  as  their  popula- 
tion increases,  will  probably  be  divided.  Each  new 
county  must  contain  at  least  two  thousand  inhabitants.1 
1  General  Laws,  1893,  ch,  143,  §  I. 


The  County  63 

The  organization  of  a  new  county  may  also  be 
brought  about  by  the  petition  of  fifteen  per  cent  of  the 
resident  voters.  When  such  a  petition  is  secured  it  is 
sent  to  the  secretary  of  state  at  least  ninety  days 
before  the  general  election.  If  the  governor  and 
auditor  acquiesce  in  the  petition,  the  governor,  by  Method  of 
proclamation,  directs  the  people  to  vote  upon  the  organization, 
question.  The  people  having  indicated  their  desire 
to  form  a  county,  the  governor  authorizes  the  county 
commissioners,  who  were  provisionally  elected  at  the 
same  time,  to  proceed  with  the  organization.  This 
they  do,  providing  offices  and  stationery  and  electing 
an  auditor  and  other  officers  authorized  by  law. 

When  we  come  to  look  at  the  county  a  little  more 
closely  we  find  that  it  is  a  "body  politic  and  corporate," 
which  means  that  the  county  has  both  political  and  busi- 
ness functions  to  perform.  For  this  purpose  certain 
powers  have  been  granted,  such  as  ( i )  to  sue  and  be  powers, 
sued,  (2)  to  purchase  and  hold  real  estate  for  the  use 
of  the  county  and  such  lands  as  are  acquired  through 
delinquencies  for  non-payment  of  taxes,  (3)  to  sell 
and  convey  any  real  and  personal  property  when  for 
the  best  interests  of  the  people,  and  (4)  to  make 
contracts  and  to  do  other  acts  necessary  to  the 
exercise  of  its  corporate  powers.1 

A  county  thus  created  under  the  authority  of  the 
State  is  governed,  if  such  a  word  can  be  applied  here, 
in  a  very  large  measure  by  a  body  called  the  county 
commissioners.    The  number  of  these  officers  depends  Count 
upon  the  electors  in  the  county.     Where  the  number  commis- 
of  voters  is  eight  hundred  or  more,  five  commissioners  s    ers* 
are  elected.    Where  the  number  of  voters  is  less  than 

1  General  Statutes,  1894,  §  638. 


64  Local  Government 

eight  hundred,  three  commissioners  are  elected.  The 
commissioners  are  chosen  from  districts  for  a  period  of 
three  years.  The  pay  of  these  officers  is  three  dollars 
for  each  day  of  their  sessions  and  ten  cents  per  mile 
going  and  coming  from  their  homes  to  the  county 
seat.  The  law  which  formerly  limited  the  length 
of  their  sessions  has  been  materially  changed,  and  in 
Hennepin  County  the  compensation  in  1899  was  fixed 
by  statute  at  ^^oo.1  The  duties  are  numerous  and 
varied.  Among  these  are  the  choosing  of  grand  and 
petit  jurors,  organizing  new  towns,  townships,  and 
counties,  superintending  county  buildings,  providing 
for  the  poor,  opening  roads,  caring  for  bridges,  audit- 
ing claims,  publishing  an  annual  statement  of  receipts 
and  expenditures,  and  fixing  the  rate  of  county  taxes. 

The  other  county  officers  consist  of  an  auditor, 
treasurer,  register  of  deeds,  sheriff,  coroner,  county 
superintendent,  attorney,  judge  of  probate,  court  com- 
missioner and  clerk  of  the  district  court,  surveyor, 
officers.  physician,  and  overseer  of  the  poor.  To  this  long 
list  of  officers  are  intrusted  the  interests  of  the  politi- 
cal body  called  a  county.  With  the  exception  of  the 
last  two,  who  are  appointed  by  the  commissioners, 
these  officers  are  elected. 

The  auditor  is  in  a  broad  sense  the  bookkeeper  of 
the  county.  He  is  an  elective  officer  holding  his 
position,  like  the  other  county  officers,  for  two  years. 
The  State  requires  a  bond  from  him  of  at  least 
$2000.  In  effect  the  auditor  acts  as  a  check 

1  General  Laws,  1899,  ch.  177.  The  commissioners  of  counties 
of  less  than  28,000  inhabitants  may  not  receive  pay  for  more  than 
thirty-five  days  ;  in  counties  of  greater  population  they  may  receive 
pay  for  forty  days,  except  in  counties  having  property  assessed  between 
#10,000,000  and  $20,000,000,  where  the  pay  may  be  for  sixty  days. 


The  County  65 

upon  the  treasurer,  for  every  warrant  must  receive 
his  signature  before  it  is  paid.  He  is  also  the 
clerk  of  the  board  of  county  commissioners.  The 
salary  of  the  auditor  depends  upon  the  valuation  of 
the  property  in  the  county  in  which  he  holds  his 
office.1  The  county  treasurer  as  the  custodian  of  the 
funds  is  one  of  the  most  important  officers.  In  order 
to  protect  the  people  from  any  misappropriation  of 
funds,  the  treasurer  is  obliged  to  give  duplicate  receipts 
for  all  moneys  received,  one  of  which  must  be  deposited 
with  the  auditor.  All  of  the  taxes  are  collected  by 
him,  and  in  turn  he  apportions  them  to  the  different 
political  divisions.  Three  times  a  year  an  auditing 
board,  consisting  of  the  county  auditor,  chairman  of 
the  county  commissioners  and  the  county  clerk,  ex- 
amines his  accounts.  His  salary  is  the  same  as  that 
of  the  auditor ; 1  the  amount  of  his  bond  is  fixed  by 
the  county  commissioners. 

The  recording  of  land  purchases,  mortgages,  bonds, 
trade  marks  and  brands  has  been  provided  for  by  the 
establishment  of  the  register  of  deeds.  Real  estate 
transfers  may  now  be  rated  in  the  books  of  the  county  ^ds!" 
register  of  deeds  by  filing  the  papers  with  the  date, 
names  of  owner  and  purchaser,  and  a  description  of 
the  property.  For  the  observance  of  his  duties  the 
register  of  deeds  is  held  in  a  bond  of  $5000  to  the 
State  of  Minnesota.  His  salary  consists  of  fees,  except 
in  Hennepin  County. 

1  No  auditor  shall  receive  more  than  $1200  in  counties  where  the 
property  valuation  does  not  exceed  $4,000,000,  nor  more  than  $1500 
where  the  valuation  does  not  exceed  $6,000,000,  nor  more  than  $2000 
where  the  valuation  does  not  exceed  $10,000,000,  nor  more  than 
$2500  where  the  valuation  exceeds  $10,000,000.  See  §  720,  General 
Statutes,  1894. 
F 


66 


Local  Government 


The  sheriff 
and  his 
duties. 


Salary. 


Coroner. 


The  sheriff  is  the  peace  preserver  of  the  county 
organization.  His  office  has  probably  the  longest 
history  of  any  of  his  colleagues  in  county  govern- 
ment. Early  in  English  history,  as  the  represen- 
tative of  the  king  he  collected  the  taxes  and  rendered 
justice.  The  office,  as  the  years  have  gone,  has 
changed  in  its  form  and  duties.  Now  the  sheriff  does 
not  collect  taxes.  To-day  he  is  the  representative 
of  the  sovereignty  of  the  people  and  not  of  a  king. 
His  duties  are  to  keep  and  preserve  peace  in  the 
county.  In  order  to  do  this  he  is  empowered  to 
call  upon  such  persons  as  he  may  think  necessary 
to  aid  him.  His  further  duties  are  to  pursue  and 
apprehend  criminals ;  execute  all  warrants,  writs, 
and  other  processes  issued  from  a  justice  of  the 
peace,  district  court,  or  other  competent  tribunal ;  to 
keep  prisoners  safely  ;  to  transport  them,  when  neces- 
sary, to  the  reformatory  and  State  prison ;  and  con- 
duct insane  persons  committed  by  the  probate  court  to 
the  hospitals  and  asylums.  His  salary  is  fixed  by  the 
board  of  county  commissioners,  but  is  paid  in  fees.1 
In  Hennepin,  Ramsey,  and  Dakota  counties  special 
fees  are  allowed.  The  sheriff  is  assisted  in  his  work 
by  a  number  of  deputies  appointed  by  the  board  of 
county  commissioners  at  three  dollars  per  day.  So 
important  is  this  office  regarded  by  the  State  that  the 
sheriff  is  held  in  a  bond  of  $5000. 

In  years  gone  by  another  county  officer  exercised 
important  functions,  but  now  his  duty  is  but  a  vestige 
of  what  it  once  was.  The  coroner  of  to-day  holds 
inquests  over  the  bodies  of  persons  who  have  come 

1  General  Statutes,  1894,  §§  5551-5553-  Special  Laws,  1891,  ch. 
373,  §  3  J  ch.  426,  §  23. 


The  County  67 

to  death  by  known  or  suspected   violence.     He   is 
aided  by  a  jury  of  six  persons.     The  coroner  receives 
fees  for  his  compensation.     Unimportant  as  his  duties 
seemingly  are,  the  board  of  commissioners  is  author- 
ized to  require  of  him  a  bond  varying  from  $5000  to 
$  1 0,000. J     He  is  the  only  officer  that  can  fill  a  vacancy  in  relation  to 
in  the  office  of  sheriff.     If  the  sheriff  is  charged  with  thesheriff- 
crime  or  misdemeanor,  the  coroner  may  serve  a  writ 
upon  him  or  arrest  him,  if  necessary. 

The  public  school  interests  of  the  county,  outside 
of  the  special  and  independent  districts,  are  looked 
after  by  an  officer  called  the  county  superintendent 
of  schools.  He  is  expected  to  visit  the  schools  in 
the  county,  to  examine  and  license  teachers,  and  to 
advise  and  consult  with  the  various  local  boards  of  County 
education.  Under  his  supervision  at  least  one  insti-  ^en 
tute  for  the  instruction  of  teachers  must  be  held  in 
the  county  each  year.  The  State  superintendent  of 
public  instruction  receives  from  the  various  county 
superintendents  reports  and  statistical  matter  relating 
to  the  schools.  The  remuneration  of  this  officer  de- 
pends upon  the  number  of  common  school  districts 
in  the  county.  He  receives  at  least  ten  dollars  for 
each  district,  but  in  no  case  more  than  $1800  for  his 
services  during  the  year. 

Besides  the  judges  and  justices  of  the  peace  there 
are  two  judicial  officers  in  each  county,  the  attorney 
and  the  court  commissioner.  The  first  of  these  officers 
serves  as  a  legal  adviser  to  the  commissioners  and  Attorney. 
other  county  officers.  When  the  county  is  a  defend- 
ant in  a  case  he  acts  as  counsel ;  he  also  appears  as 
prosecutor  when  the  State  brings  a  criminal  action  in 

1  General  Statutes,  1894,  §  5554. 


68 


Local  Government 


Court 
commis- 
sioner. 


Other 
officers. 


Removal  of 

county 

officers. 


that  county.  He  draws  all  bills  of  indictment  and 
presentment  found  by  the  grand  jury.  During  each 
year  the  county  attorney  sends  to  the  attorney 
general  a  report  of  the  criminal  cases  tried  in  the 
county.  The  office  held  by  the  county  attorney  is 
very  important  in  that  the  protection  and  defence  of  the 
rights  of  the  community  rest  in  no  small  degree  in 
his  hands.  The  remuneration  he  receives  is  fixed 
within  the  provisions  of  a  general  law  by  the  commis- 
sioners of  each  county. 

The  fact  that  the  district  courts  do  not  remain  con- 
stantly in  session  demanded,  in  the  opinion  of  the 
makers  of  the  constitution,  a  court  commissioner  who 
should  exercise  the  powers  of  a  district  judge  at  cham- 
bers.1 He  is  empowered  to  grant  writs  of  habeas  cor- 
pus, and  attachments,  and  to  issue  warrants.  In  the 
judicial  districts  in  which  there  is  more  than  one 
county,  this  office  becomes  important  in  keeping  up 
the  machinery  of  justice  in  those  counties  where  no 
district  judge  resides.  The  term  of  office  is  four  years, 
the  remuneration  is  by  fees,  and  a  bond  of  two  thou- 
sand dollars  is  required. 

In  addition  to  the  county  officers  already  enumer- 
ated, there  are  several  others,  including  the  county 
physician,  the  overseer  of  the  poor,  and  the  surveyor. 
The  last  officer  is  elected  for  two  years,  the  others 
are  appointed  by  the  commissioners. 

Experience  has  taught  the  makers  of  constitutions 
and  laws  that  provision  must  be  made  for  the  removal 
of  those  officers  who  violate  their  trusts.  In  Minne- 
sota this  power  has  been  placed  in  the  hands  of  the 
governor,  who  may  remove  from  office  any  clerk  of 

1  Constitution  of  Minnesota,  Art.  VI.,  Sec.  15. 


The  Township  69 

the  supreme  or  district  court,  judge  of  probate,  court 
commissioner,  sheriff,  coroner,  auditor,  register  of 
deeds,  county  attorney,  superintendent  of  schools, 
commissioner,  treasurer,  or  any  collector  or  receiver 
or  custodian  of  public  moneys,  when  evidence  is 
sufficient  to  show  that  such  officers  have  neglected 
their  duty  or  have  been  guilty  of  malfeasance.1 

29.  THE  TOWNSHIP 

The  township  in  Minnesota,  geographically,  is  an 
area  of  land  six  miles  square.  Upon  this  survey  has 
been  built  the  political  body  we  call  a  town.  It  is 
interesting  to  note  how  the  geographical  form  of  the 
organization  came  into  existence.  At  the  suggestion 
of  Thomas  Jefferson,  in  1785,  Congress  passed  a  land 
ordinance,  one  of  the  provisions  of  which  included 
the  present  system  of  government  surveys.  A  line 
running  north  and  south  is  marked  out,  called  the 
principal  meridian.  Twenty-four  of  these  have  been 
established,  beginning  with  the  line  between  Ohio 
and  Indiana,  and  extending  to  the  last  one  near  Port- 
land, Oregon.  On  each  side  of  the  principal  merid- 
ians range  lines  six  miles  apart  are  laid  off  and 
numbered  east  and  west  from  the  meridian.  At  right 
angles  to  these  are  drawn  others  parallel  to  a  true 
line  of  latitude.  These  also  serve  as  east  and  west 
base  lines.  North  and  south  of  the  parallel  are 
drawn  township  lines  six  miles  apart.  Thus  by  this 
simple  system  the  western  township  has  come  to  be 
as  nearly  as  possible  an  area  six  miles  square.2  Each 

1  General  Statutes,  1878,  ch.  9,  §  3;   1 88 1,  ch.  21,  §1. 

2  Fiske,  Civil  Government,  81-83. 


70  Local  Government 

township,  in  its  turn,  is  divided  into  thirty-six  sections, 
containing  six  hundred  and  forty  acres  each ;  a 
further  division  is  made  by  dividing  each  section  into 
halves  and  quarters,  so  that  it  is  a  very  easy  matter 
to  describe  and  register  land.1 


Political 
organiza- 
tion of  the 
township. 


AB,  principal  meridian. 


CD,  principal  parallel  or  base  line. 


As  a  political  organization  the  town  is  one  of  the 
oldest  forms  of  government.  In  almost  prehis- 
toric times  the  scattered  peoples  in  the  forests  of 
Germany  and  England  met  in  assemblies  to  discuss 
the  affairs  of  their  tribes.  To-day,  in  the  township, 


Legislative  Manual,  1897,  P«  644. 


The  Township  71 

the  electors  assemble  annually  to  consider  various 
matters  of  business.  In  relation  to  the  county  the 
township  is  a  mere  administrative  division ;  but  as  a 
part  of  the  larger  idea  of  democratic  government  it  is 
really  the  basis  of  the  system,  for  it  is  certainly  in  the 
annual  town  meeting  that  the  people  have  learned  to 
govern  themselves.  The  duties  of  this  organization, 
although  not  numerous,  are  important.  The  town 
has  to  do  with  roads,  restraining  of  cattle,  the  care 
of  the  poor,  and  the  condition  of  fences.  Necessarily, 
with  these  duties  go  the  levying  of  local  taxes  and 
the  election  of  town  officers,  such  as  supervisors, 
clerk,  treasurer,  overseers  of  highways,  assessor,  con- 
stables, and  two  justices  of  the  peace.1  By  law,  the 
meeting  where  all  these  matters  are  considered  is  held 
on  the  second  Tuesday  in  March.  The  township  is 
the  unit  for  elections  —  and  is  sometimes  divided  into 
voting  precincts. 

Before  the  duties  spoken  of  above  can  be  carried 
out,  an  organization  must  be  effected,  by  which  the 
congressional  township  becomes  a  political  body  with 
an  authorized  government.  The  legislature  has  pro- 
vided the  machinery  for  the  transformation.2  When- 
ever a  majority  of  the  legal  voters  of  any  congres- 
sional  township  containing  twenty-five  legal  voters  commis 
petition  the  board  of  county  commissioners  to  be 
organized  as  a  town,  the  commissioners  shall  pro- 
ceed to  fix  the  boundaries,  and  give  a  name  to  the 
same.  Any  report  made  by  the  commissioners  on 
the  proceedings  is  to  be  filed  with  the  county  audi- 
tor, who  shall  within  thirty  days  send  this  report 

1  Booth,  Township  Mamial. 

2  General  Statutes,  1894,  §  914. 


Local  Government 


to  the  State  auditor.  A  number  of  other  provisions 
are  made  in  the  same  law  to  change  the  name  or 
boundaries  when  deemed  necessary.  Thus,  when  a 
meandering  stream  divides  a  township,  making  it 
inconvenient  to  do  township  business,  one  portion 
may  be  attached  to  the  adjoining  township  whenever 
two-thirds  of  the  voters  in  the  fractional  parts  petition 
for  it.1  The  electors,  in  these  instances,  must  possess 
all  the  qualifications  of  voters  in  county  or  State 
affairs. 

The  powers  of  a  town  are  similar  to  those  of  the 
county.  Each  town  may  sue  or  be  sued,  purchase 
and  hold  lands  subject  to  the  control  of  the  legisla- 
ture, make  such  contracts  as  may  be  necessary, 
Powers  of  the  and  dispose  of  and  regulate  the  use  of  the  corporate 
township.  property  of  the  town.  The  business  of  the  town  is 
placed  in  the  hands  of  three  supervisors.  These  men 
have  general  control  over  the  town  affairs,  but  are 
subject  at  all  times  to  the  action  of  the  town  meeting. 
The  supervisors  constitute  a  board  of  health,  and 
have  the  power  necessary  to  preserve  the  public 
health.2  The  accounts  which  are  payable  by  the 
town  are  subject  to  the  auditing  of  the  supervisors. 
Occasionally  vacancies  occur  in  the  list  of  the  town 
officers;  these  may  be  filled  by  persons  selected 
by  a  majority  of  a  board  consisting  of  the  three 
supervisors  and  two  justices  of  the  peace. 

The  township  officers  hold  their  positions  for  one 
year,  with  the  exception  of  the  justices  of  the  peace 
and  the  constables,  who  are  elected  for  two  years. 
The  compensation  is  moderate.  The  town  assessors 


Terms  and 
compensa- 
tion of 
officers. 


1  General  Statutes,  1894,  §  1 68. 

2  Booth,  Township  Manual,  1889,  p.  46. 


The   Village  73 

receive  $2  per  day,  the  town  clerk  and  supervisors 
$1.50  while  attending  to  business  in  the  town,  and 
$2  when  outside  of  the  town,  but  no  supervisor  shall 
receive  more  than  $40  in  a  year  for  his  services. 
The  town  clerk  may  be  paid  fees  for  his  services.1 

30.   THE  VILLAGE 

Previous  to  the  constitutional  amendment  of  1896 
the  legislature  incorporated  villages  by  special  laws.2 
The  amendment  provides  that  any  town  or  city  may 

,  *     Organization 

frame  its  own  charter,  but  this  right  is  restricted  by  Of  villages, 
the  legislature  in  that  a  village  containing  less  than 
one  thousand  inhabitants  cannot  possess  what  is 
called  a  city  government,  but  must  retain  its  village 
organization,  the  principal  difference  being  in  the 
office  of  mayor  and  the  powers  of  the  council.  A 
village  which  is  unincorporated  is  in  every  sense 
a  part  of  a  town,  and  has  the  government  of  that 
body ;  but  any  district,  section,  or  part  of  a  section 
not  already  incorporated,  which  has  been  platted 
into  lots  and  blocks,  providing  there  is  a  resident 
population  of  one  hundred  and  seventy-five,  may 
become  incorporated  as  a  village.  When  thirty  of 
the  inhabitants  petition  the  county  commissioners,  an 
election  shall  be  held  for  the  purpose  of  determining 
the  question  of  incorporation.  If  the  result  is  favor- 
able to  such  action,  the  commissioners  file  the  certifi- 
cate of  election,  together  with  the  petition,  in  the 
office  of  the  register  of  deeds  of  the  county.  The 

1  General  Statutes,  1894,  §  1OO3 ;    General  Laws,  amended,  1895, 
ch.  13. 

2  Constitution  of  Minnesota,  Art.  IV.,  Sec.  36. 


74 


Local  Government 


Officers. 


village  is  then  incorporated,  and  becomes  a  separate 
election  and  assessment  district.1 

The  organization  of  village  government  takes  place 
when  officers  are  elected.  The  elective  officers  are 
a  president,  three  trustees,  a  treasurer,  recorder,  two 
justices  of  the  peace,  and  a  constable.  With  the 
exception  of  the  last  three  officers  the  term  of  office 
is  one  year.  The  justices  and  constable  are  elected 
for  two  years. 

The  president,  the  three  trustees,  and  the  recorder 
constitute  the  village  council.  Under  legislative  re- 
strictions they  are  permitted  to  make  ordinances  for 
the  government  of  the  village.  The  council  appoints 
a  street  commissioner,  village  attorney,  pound  master, 
sextons  of  the  cemetery,  fire  wardens,  and  a  special 
policeman.  The  council  may  also  establish  a  fire 
department,  library,  board  of  health,  markets,  and 
waterworks,  and  is  given  the  power  to  provide  for  the 
licensing  of  amusements,  the  levying  and  collecting 
of  taxes,  the  plotting  of  parks,  streets,  and  alleys, 
making  and  repairing  of  sidewalks,  and  whatever 
is  necessary  for  the  better  administration  of  the 
village. 

A  great  many  villages  have  been  granted  charters 
by  special  legislative  act,  but  this  was  prior  to  1891, 
and  in  some  instances  even  to  1883  ;  since  that  time, 
a  number  of  laws  have  been  passed  classifying  the 
villages  and  unifying  village  government.  Thus  the 
legislatures  of  1891  and  1895  thought  it  wise  to  pro- 
vide an  organization  for  the  larger  town.  It  was  found 
that  the  village  government  of  a  small  place  was 
hardly  sufficient  for  a  village  of  two  or  three  thou- 

1  General  Statutes,  1878,  2,  ch.  10,  §  212 ;    1885,  ch.  145,  §  9. 


The   Village  75 

sand   inhabitants.      The   legislature  in    1891  placed  The  two  and 
the  number  of  inhabitants  at  three  thousand  for  a  three 

...  r  thousand 

town  that  was  to   enjoy  the  privileges  of  a  larger  class  of 
organization.1     The  amendment  of  1895  reduced  this  Vlllases- 
number  to  two  thousand,  but  no  difference  was  made 
in  the  organization.2     The  villages  of  three  thousand 
inhabitants  are  divided  into  at  least  four  wards,  those 
of  two  thousand  into  two  wards.     Each  ward  is  an 
election  district. 

The  elective  officers  of  the  larger  villages  are  the 
same,  with  the  exception  of  the  judge,  as  those  of 
the  incorporated  but  smaller  villages.  There  are  the 
president,  recorder,  assessor,  treasurer,  and  two  trus- 
tees for  each  ward,  and  a  municipal  judge.  The 
president  is  the  executive  officer  of  the  village  and  Officers, 
the  chairman  of  the  council.  It  is  his  duty  to  see 
that  the  laws  of  the  State  and  the  ordinances  of  the 
council  are  observed  and  enforced.  He  possesses 
the  power  of  veto  over  the  action  of  the  council. 
This  body  passes  the  ordinances  necessary  for  good 
order  and  the  regulation  of  fire  department,  police, 
parks,  waterworks,  public  health,  and  other  matters 
related  to  the  welfare  of  the  village.  The  power  to 
levy  an  annual  tax  for  village  purposes  upon  the 
property  within  the  village  belongs  to  the  village 
council. 

One  of   the  institutions  the  village  of  this  class 
enjoys  over  the  smaller  organization  is  a  municipal 
court.     The  judge  of  this  court  is  elected  for  two  village  court, 
years,  receiving  as  a  remuneration  from  $100  to  $1500 
a  year,  depending  upon  the  decision  of  the  council. 3 

1  General  Statutes,  1894,  §  1302.  2  General  Laws,  1895,  c^-  ^9* 

897,  ch.  237. 


76  Local  Government 

The  judge  also  acts  as  a  clerk  of  the  court  ex  official 
By  this  arrangement  the  duties  of  the  recorder  are 
reduced  to  the  keeping  of  the  records  of  the  council 
and  deeds  and  contracts  relating  to  village  affairs,  and 
occasionally  examining  the  books  of  the  treasurer.2 

In  1896  the  constitution  of  the  State  was  amended, 
granting  the  right  to  any  city  or  village  of  a  thousand 
inhabitants  or  over  to  frame  its  own  charter  within 
the  general  laws  provided  by  the  legislature.  In  time 
such  a  right  will  lead  to  greater  uniformity  in  village 
government.3 

31.    CITIES 

The  cities  of  Minnesota  have  struggled  for  a  num- 
ber of  years  to  secure  home  rule.  In  1891  special 
legislation  concerning  their  government  was  stopped ; 
two  years  later  a  model  charter  was  passed  by  both 
houses  and  vetoed  by  the  governor.  In  1895  the  city 
attorneys  of  the  three  largest  cities  framed  a  charter 
which  failed  to  pass.  An  amendment  to  the  consti- 
tution was  proposed  by  the  legislature  in  this  year, 
and  accepted  by  the  people  in  1896.  The  amend- 
ment, however,  proved  defective,  but  was  modified  at 
the  next  meeting  of  the  legislature  and  ratified  by 
the  people  in  1898.  Under  this  amendment  any  city 
or  town  of  a  thousand  inhabitants  or  more  may  frame 
its  own  charter. 

The  machinery  for  framing  a  charter  is  set  in 
motion  in  two  ways  :  (i)  by  the  judges  of  the  district 
court,  who  appoint  commissioners  at  their  own  voli- 
tion ;  or  (2)  on  request  of  ten  per  cent  of  the  legal 

1  General  Laws,  1878,  ch.  84.  2  See  ch.  vii. 

8  Constitution  of  Minnesota,  Art.  IV.,  Sec.  36. 


Cities  77 

voters.  The  board  consists  of  fifteen  freeholders  who 
have  been  qualified  voters  in  the  city  or  town  for  the 
last  five  years.  The  board  serves  for  four  years, 
and  must  submit  to  the  people  a  charter,  signed 
by  a  majority  of  the  board,  within  six  months  after 
appointment.1 

The  next  step  is  the  submission  of  the  charter  to  Submission 
the  electors.     This  must  be  done  at  the  next  general  °'the 

charter. 

election  or  at  a  special  election.  In  order  that  the 
provisions  of  a  new  charter  may  become  law,  it  is 
necessary  that  four-sevenths  of  all  the  electors  voting 
at  the  election  shall  vote  in  favor  of  the  charter.  If 
the  result  of  the  election  is  favorable,  the  certificates 
showing  the  vote  are  signed  by  the  mayor,  and  de- 
posited in  the  office  of  the  secretary  of  state  and  in 
the  archives  of  the  city.2 

The   constitutional   amendment  provides  also   for 
the  alteration  of  a  city  charter  by  the  charter  com- 

.     .  T,,  .     .  f^       ^.  .  L      .        .    The  election. 

mission.  The  commissioners  may,  after  thirty  days 
notice  through  the  newspapers,  present  an  amend- 
ment to  the  people,  but  before  such  an  amendment 


1See  General  Laws ;  1899,   ch.  351. 
2  Steps  in  securing  a  charter :  — 


Petition  to  judges. 
Appointment    of    commis- 


sioners. 


Signed  by  ten  per  cent  of  quali- 
fied voters. 

At  the  volition  of  the  judges  of 
the  district  court,  or  on  request  of 


4.   Submission  to  voters. 


petitioners. 
3.  The  framing  of  the  charter. 

Must    be    accepted    by    four- 
sevenths  vote. 

Presented  by  commission  or  at 

5.  Amendment.  \  rec*uest  of  five  Per  cent  of  the 

people.     Must    be    accepted    by 

three-fifths  of  qualified  voters. 


78  Local  Government 

can  become  a  law  it  must  be  accepted  by  three-fifths 
of  the  qualified  electors.  The  insufficiency  of  this 
method  was  recognized  in  1898,  when  the  constitu- 
tion was  so  changed  that  any  proposed  amendment 
sustained  by  a  petition  signed  by  five  per  cent  of  the 
voters  might  be  submitted  to  the  people.  The  objec- 
tion to  the  first  method  was  its  lack  of  democratic 
and  representative  spirit. 

For  the  purposes  of  legislation  the  same  amend- 
ment to  the  constitution  divides  cities  into  four  classes 
as  follows :  those  over  fifty  thousand  inhabitants,  those 
between  fifty  and  twenty  thousand,  those  not  less 
than  ten  thousand,  and  those  less  than  ten  thousand 
inhabitants.  The  legislature  may,  without  violating 
the  constitutional  clause  against  special  legislation, 
pass  laws  that  will  apply  only  to  the  different  classes 
of  cities. 

The  legislature  of  1895  provided  by  general  law 
a  form  of  charter  which  might  be  accepted  in  lieu 
of  one  made  by  a  charter  commission ;  so  that  a  city 
not  wishing  to  go  into  the  doubtful  experiment 
of  charter-making  might  be  incorporated  under  the 
form  provided  by  the  State.1  But  even  when  a 
charter  is  made  by  a  city  the  general  regulations 
laid  down  in  the  law  of  1895  must  be  conformed  to. 
Under  this  law  a  city  of  over  fifteen  thousand  may 
be  incorporated  by  a  majority  vote  of  the  qualified 
electors  residing  in  the  city.  Before  this  incorpora- 
tion can  take  place  the  inhabitants  must  signify  their 
desire  to  be  so  governed  by  presenting  a  petition 
describing  the  territory.  The  petition  is  then  filed 
in  the  office  of  the  county  commissioners,  who  an- 

1  General  Laws,  1895,  c^-  8,  §§  1-20. 


Cities  79 

nounce  an  election,  and,  upon  canvass  of  the  returns, 
if  favorable,  issue  certificates  which  are  filed  in  the 
offices  of  the  register  of  deeds  for  the  county  and  the 
secretary  of  state.1 

The  act  also  provides  for  the  division  of  cities  into 
wards.  Cities  of  more  than  thirty  thousand  population 
are  required  to  have  not  less  than  ten  nor  more  than 
fifteen  such  divisions;  cities  possessing  less  than  thirty 
thousand  population  may  have  not  more  than  ten 
wards.  The  city  council  determines  the  division  of 
wards  and  their  boundaries ;  any  change  in  the  ward 
boundaries  can  be  made  but  once  within  a  period  of 
five  years  and  then  only  by  a  two-thirds  vote  of  the 
council.  The  wards  are  the  basis  of  the  council  organization, 
membership.  Under  the  law  of  1895  there  are  two 
groups  of  aldermen ;  —  those  elected  from  the  ward, 
and  those  elected  at  large.  The  first  number  are 
from  each  ward,  the  second  vary  with  the  size 
of  the  city.  Thus  in  cities  of  six  wards  or  less 
two  aldermen  are  elected  at  large;  in  cities  having 
ten  or  more  wards  eight  aldermen  are  elected  at 
large.  Cities  organized  previous  to  this  law  under 
special  act  or  charter  do  not  conform  to  this  method 
of  electing  members  of  the  council.  Minneapolis 
at  the  present  time  elects  two  members  of  the 
council  from  each  ward.  Should  she  adopt  a  new 
charter  it  would  of  necessity  conform  to  the  law  of 
1895. 

The  salaries  of  all  the  officers  of  a  city  are 
regulated  by  legislation;  occasionally  cities  secure 
special  legislation  in  the  form  of  a  general  law 
permitting  them  to  pay  more  for  the  services  of  an 

1  For  officers  see  Appendix  P. 


8o 


Local  Government 


officer.1  Ordinarily  the  compensation  of  aldermen, 
in  cities  exceeding  thirty  thousand,  may  be  as  high 
as  $500;  in  cities  between  this  number  of  inhabitants 
and  fifteen  thousand,  $300  is  the  limit.  Below  fifteen 
thousand,  $100  dollars  may  be  paid. 

The  organization  of  the  council  takes  place  bien- 
nially on  the  first  Tuesday  after  the  first  Monday  in 
January.  The  officers,  consisting  of  a  president,  vice- 
president,  and  secretary,  are  elected  by  ballot.  The 
council  after  it  is  once  organized  meets  once  a  month 
and  transacts  the  business  of  the  city,  such  as  the 
making  of  ordinances,  the  awarding  of  contracts,  the 
drawing  of  warrants,  and  the  appointment  of  a  city 
clerk,  attorney,  engineer,  fire  chief,  and  other  officers. 
In  addition  to  these  powers  the  council  may  authorize 
the  issue  of  bonds  to  incur  an  indebtedness  for  public 
buildings  and  improvements,  levy  taxes,  condemn 
property,  provide  for  bridges,  docks,  light,  water, 
streets,  sidewalks,  and  many  other  necessary  things. 
In  every  city  are  street  car  companies,  telephone, 
telegraph,  and  gas  companies,  which  must  be  regu- 
lated and  prevented  from  encumbering  streets  with 
their  wagons,  poles,  tracks,  and  pipes.  The  city 
council  has  the  power  to  pass  ordinances  for  the 

1  Maximum  salaries  permissible  by  law,  General  Laws,  1895,  ch.  8. 
The  maximum  salaries  per  annum  of  the  following  officers  are  :  Mayor, 
$3000;  private  secretary,  $1200;  treasurer,  comptroller,  city  clerk,  city 
attorney,  and  city  engineer,  each  $4000  ;  secretary  of  the  board  of  water 
commissioners,  $2000;  superintendent  of  the  same  department,  $1800; 
commissioner  of  health,  $2400;  building  inspector,  $1800;  chief  engi- 
neer of  the  fire  department,  $2500;  first  assistant,  $1500;  second  assist- 
ant, $1200;  chief  of  police,  $2500;  the  judge  or  judges  of  the  municipal 
court,  $3000;  clerk  of  the  court,  $1800;  superintendent  of  the  work- 
house, $2500;  and  the  commissioner  of  public  works,  $2000. 


Cities  8 1 

proper  observance  of  the  laws  of  hygiene,  the  regu- 
lation of  saloons,  and  the  suppression  of  vice.  The 
enforcement  of  these  laws  constitutes  the  principal 
duty  of  the  mayor  and  the  police  department. 

The  executive  department  of  a  city  consists  of  a 
mayor  and  a  number  of  subordinate  officers.  The 
treasurer,  and,  in  cities  over  thirty  thousand,  a  comp-  City  . 

*  executive. 

troller,  and  justices  of  the  peace,  are  elected  by  the 
people ;  but  the  clerk,  attorney,  street  commissioners, 
engineer,  weigh  master,  and  assessor  are  elected  by 
the  council.  The  members  of  the  police  department 
and  the  board  of  public  works  are  nominated  by  the 
mayor.  Over  these  officers  the  council  has  the  power 
of  removal  by  the  presentment  of  charges  and  a  two- 
thirds  vote  sustaining  the  charges. 

The  mayor  is  the  chief  executive  of  the  city.  It  is 
his  duty  to  enforce  the  laws  of  the  State  and  the 
ordinances  of  the  city  through  the  help  of  the  depart- 
ment of  police.  The  mayor  has  a  very  definite  The  mayo 
relation  to  the  council.  From  time  to  time  he  is  to 
inform  this  body  concerning  the  affairs  of  the  city. 
The  law  requires  that  every  ordinance  passed  by  the 
council  must  receive  the  signature  of  the  city  execu- 
tive before  becoming  a  law.  If  the  mayor  vetoes  an 
ordinance  it  may  become  a  law  over  his  negative,  pro- 
viding it  receives  a  three-fourths  vote  of  the  council. 
An  occasional  act  of  the  council  requires  a  three- 
fourths  vote  to  make  it  legal,  and  in  such  a  case  the 
mayor's  veto  can  be  overcome  only  by  a  unanimous 
vote.  When  the  mayor  refuses  to  sign  a  resolution 
or  ordinance  extending  the  bonded  indebtedness  of 
the  city  the  decision  is  final.  The  mayor  is  not 
allowed  to  sign  any  ordinance,  order,  or  resolution 
c 


82 


Local  Government 


until  four  days  have  passed,  and  if  not  returned 
within  ten  days  the  ordinance,  order,  or  resolution 
possesses  the  same  force  as  though  signed  by  him. 

The  city  executive  appoints  the  chief  of  police  and 
all  patrolmen,  the  commissioner  of  health,  the  super- 
intendent of  the  workhouse,  and  the  members  of  the 
library  and  park  boards.  The  executive  is  usually  a 
member  ex  officio  of  the  several  boards  ;  just  what 
these  are  is  determined  by  the  city  itself. 

The  comptroller  and  treasurer  are  clerical  and  fis- 
cal officers.  The  first  deals  with  the  bookkeeping, 
warrant  accounts,  countersigning  of  bonds,  examina- 
tion and  auditing  of  accounts  and  claims ;  while  the 
second  receives  the  moneys  of  the  city,  keeps  accounts, 
and  apportions  the  receipts  to  the  various  funds  under 
the  direction  of  the  council.  To  insure  the  safety  of 
the  finances  and  the  responsibility  of  the  treasurer  he 
is  required  to  give  a  bond  equal  to  twice  the  amount 
of  money  likely  to  be  received  by  him  during  the  fiscal 
year.  A  further  check  is  secured  by  requiring  the 
comptroller  to  sign  all  warrants  before  they  can  be 
legally  cashed  by  the  treasurer,  the  payment  of  the 
warrants  having  first  been  authorized  by  the  city  coun- 
cil. The  statutes  of  the  State  and  the  ordinances  of 
the  city  are  full  of  detail  in  relation  to  the  work  of 
the  treasurer  and  comptroller  in  the  expectation 
of  guarding  the  public  funds  against  possible  cor- 
ruption or  actual  theft.1 

Another  feature  of  city  government  is  the  boards, 
the  most  important  of  which  are  the  education,  library, 
and  park  boards.  The  first  of  these  will  be  treated  in 
the  chapter  on  "  Education  "  ;  the  duties  of  the  other 

i  See  Appendk  P. 


Minneapolis  83 

two  are  sufficiently  indicated  by  their  title.  Unless 
otherwise  provided  in  the  charter  the  mayor  appoints 
the  members  of  the  park  and  library  boards.  It  has 
become  quite  necessary  to  include  in  a  charter  some 
plan  for  civil  service.  This  has  been  done  in  the 
law  of  1895.  Under  its  provisions  a  city  council  may 
appoint  from  three  to  five  experts  to  examine  assistant 
engineers,  inspectors  and  their  assistants,  and  clerks 
for  department  positions.  The  basis  for  promotion  civil  service, 
is  the  knowledge  and  efficiency  of  the  candidates. 
The  city  council  is  also  authorized  to  provide  books 
for  the  registration  of  laborers  who  desire  employ- 
ment on  city  works.  In  selecting  men  for  work,  they 
are  usually  employed  in  the  order  of  registration. 

Many  points  concerning  city  officers  have  necessa- 
rily been  omitted  in  a  chapter  like  this,  but  matters 
relating  to  the  collection  of  taxes,  the  conduct  of 
justice,  and  the  management  of  education  will  be  left 
for  consideration  in  later  chapters.  Our  review  of 
local  government  would  hardly  be  complete  without 
some  reference  to  the  charters  of  the  three  larger 
cities. 

32.    MINNEAPOLIS 

The  city  of  Minneapolis  had  its  first  beginnings  as 
St.  Anthony's  Falls  in  1849.  On  the  west  side  of  the 
river  another  settlement  sprang  into  existence  which 
was  christened  Minneapolis  in  I854.1  Four  years  later 
the  newly  christened  city  was  vested  with  its  first 
town  government,  but  it  did  not  assume  the  form  of  a  Onginof  the 
municipality  until  1867.  The  two  thriving  towns  city. 

1The  name  was  suggested  by  Mr.  Charles  Hoag  of  the  city,  who  died 
in  1888. 


84 


Local  Government 


Boards. 


situated  on  opposite  sides  of  the  same  river  found 
their  interests  would  not  be  endangered  by  a  union, 
and  so  in  1873  St.  Anthony's  Falls  was  united  with 
Minneapolis  under  the  latter  name. 

The  present  charter  of  Minneapolis  was  adopted 
in  1873  by  a  special  legislative  act  and  has  been  modi- 
fied and  revamped  from  time  to  time  by  the  legisla- 
ture. It  may  be  called  a  council  form  of  charter, 
that  is,  the  principal  powers  of  government  are  vested 
in  the  council.  The  elective  officers  are  a  mayor, 
treasurer,  comptroller,  municipal  judge,  justices  of  the 
peace,  members  of  the  city  council,  and  the  members 
of  boards.  The  mayor,  treasurer,  and  comptroller 
hold  office  for  a  period  of  two  years.  There  are  two 
aldermen  from  each  ward,  elected  for  a  four-year 
term.  The  salary  of  an  alderman  is  $500  per  year. 
The  city  is  divided  into  thirteen  wards,  which  makes 
the  city  council  a  body  of  twenty-six  persons.  This 
body  appoints  the  city  attorney,  engineer,  assessor, 
clerk,  chief  of  fire  department,  and  minor  officers. 
On  this  point  the  charter  says,  "All  other  officers 
necessary  for  the  proper  management  of  the  affairs  of 
the  city  shall  be  appointed  by  the  city  council  unless 
otherwise  provided  in  this  charter."  1  The  powers  of 
the  council  are  extensive  and  include  the  appropria- 
tion of  money,  paving  of  streets,  and  the  supervision 
of  the  various  departments  of  the  city  government. 

The  schools,  library,  parks,  health,  and  charity  are 
under  the  supervision  of  boards.  The  board  of  edu- 
cation is  composed  of  seven  persons  who  are  elected 
for  a  term  of  six  years.  They  are  so  chosen  that  their 
terms  do  not  expire  at  the  same  time,  and  hence  the 

l  Charter  of  Minneapolis,  1888,  ch.  II.,  §  I. 


£/.  Paul  85 

board  is  a  continuous  one.  The  library  board  con- 
sists of  nine  persons,  six  of  whom  are  elected  for  the 
same  period  as  the  members  of  the  board  of  educa- 
tion. The  other  three  (the  mayor  of  the  city,  the 
president  of  the  board  of  education,  and  the  president 
of  the  State  university)  are  members  ex  officio.  The 
term  of  service  of  the  park  board  is  six  years.  Fifteen 
members  constitute  this  body.  Three  of  them  are  ex 
officio  members,  the  mayor,  chairman  of  the  council 
committee  on  roads  and  bridges,  and  the  chairman 
of  the  council  committee  on  public  grounds  and 
buildings.  The  affairs  of  the  waterworks  depart- 
ment, workhouse,  fire  department,  police,  public 
health,  and  hospitals  are  directed  by  committees  of 
the  council.1 

The  present  charter  has  been  modified  and 
amended  many  times,  but  the  difficulty  in  securing 
legislative  action  has  made  it  inadequate  to  the  require- 
ments of  a  growing  city.  An  attempt  was  made  in 
1898  to  frame  a  new  charter,  but  without  success. 
A  new  charter  commission  was  appointed  in  January, 
1900,  but  its  work  was  largely  confined  to  the  remodel- 
ling of  the  work  of  the  commission  of  1898.  The 
commission's  charter  failed  of  passage  by  an  over- 
whelming vote. 

33.   ST.  PAUL 

This  city  is  named  after  the  chapel  of  St.  Paul, 
established  in  1839  on  tne  banks  of  the  Mississippi. 
In  1854  the  town  built  about  the  chapel  was  incorpo- 

1  It  is  very  difficult  to  get  a  satisfactory  copy  of  a  Minneapolis 
charter.  There  is  a  book  containing  the  charter  up  to  1888,  published 
by  Harrison  and  Smith  of  the  city.  The  city  publishes,  each  year,  a 
volume  of  reports.  It  may  be  had  by  application  to  the  city  clerk. 


86 


Local  Government 


cpenence. 


Elective 
officers. 


rated  as  the  city  of  St.  Paul  and  was  given  a  special 
charter.  From  time  to  time  this  charter  has  been 
modified.  The  constitutional  amendment  of  1891  pre- 

The  charter 

vented  any  further  special  legislation,  and  since  that 
date  the  people  of  the  city  have  been  trying  to  secure 
modifications  of  the  charter.  Under  the  charter  com- 
mission act  another  effort,  which  was  successful,  was 
made  in  the  spring  of  1900,  the  people  accepting  the 
work  of  the  commission.  The  present  charter  is  a 
mixture  of  the  federal  and  board  types,  the  mayor 
appointing  the  members  of  the  several  governing 
boards,  while  the  latter  regulate  and  govern  the  affairs 
of  the  city  in  many  of  its  departments.  The  elective 
officers  under  the  charter  of  1900  are  the  mayor,  city 
comptroller,  two  judges  of  the  municipal  court,  two 
constables,  and  the  city  council.  In  the  council  rests 
the  power  of  removal  by  a  two-thirds  vote. 

The  mayor  is  elected  for  a  term  of  two  years  at  a 
salary  of  $2500.  He  appoints  the  board  of  school 
The  mayor.  inspectors,  fire  commissioners,  water  commissioners, 
park  commissioners,  library  board,  board  of  public 
works,  commissioner  of  health,  chief  of  police,  and 
the  directors  of  the  workhouse.  The  power  which 
the  executive  wields  through  these  appointments  is 
very  important.  As  an  executive  officer  the  mayor 
has  oversight  of  the  city  officers  and  boards.  The 
usual  provisions  are  made  in  the  charter  for  the 
signing  of  ordinances,  vetoes,  and  for  advising  the 
council  by  message.1 

1  An  excellent  compilation  of  the  municipal  code  of  St.  Paul  was 
published  in  1893.  The  reports  of  the  city  departments  may  be  had  in 
limited  number,  by  applying  to  the  city  clerk.  The  boards  and  officers 
are  enumerated  there.  See  also,  for  the  history  of  St.  Paul,  The 
Pioneer  Press,  November  9,  1899. 


SV.  Paul  87 

The  common  council  is  a  bicameral  organization 
consisting  of  a  council  and  an  assembly.  The 
assemblymen  are  elected  at  large  from  the  city, 
although  certain  restrictions  are  placed  upon  resi- 
dence to  prevent  too  large  a  representation  from  one 
section.  The  aldermen  are  elected  one  from  each 
ward.  The  present  membership  of  the  council  is  ^™ebership 
twenty,  eleven  aldermen  and  nine  assemblymen.  On  council 
certain  occasions,  as  in  the  election  of  a  city  clerk,  the 
two  bodies  act  in  joint  session.  The  salary  is  $100 
per  year  and  the  term  of  office  two  years. 

The  powers  of  the  city  council  pertain  to  the  man- 
agement and  control  of  the  finances  and  property  of 
the  city,  and  the  passage  of  ordinances  relating  to 
government,  order,  suppression  of  vice  and  crime, 
issuance  of  licenses,  paving,  roads  and  bridges,  and 
many  other  matters  requiring  regulation.  The  coun- 
cil elects  only  the  city  clerk,  attorney,  building 
inspector,  and  market  master.  The  city  treasurer, 
comptroller,  and  clerk  perform  the  duties  set  forth 
in  the  section  relating  to  the  general  government 
of  a  city.1 

The  St.  Paul  charter  provides  for  an  unusual  num- 
ber of  boards,  whose  members  are  appointed  by  the 
mayor.  Nearly  all  of  these  boards  serve  without 
compensation,  and  undoubtedly  give  good  service, 
guarding  the  finances  and  expenditures  fairly  well. 
The  boards  have  already  been  enumerated.  With  the  boards, 
exception  of  the  boards  of  water  commissioners,  park 
commissioners,  and  the  directors  of  the  workhouse, 
whose  terms  are  for  five  years,  the  regular  period  of 
service  is  three  years. 

1  See  §  31. 


88  Local  Government 


34.    DULUTH 

The  city  of  Duluth  has  struggled  for  a  number  of 
Charter          years  to  secure  a  new  charter,  and  has  finally  suc- 

history.  J  .      '  J . 

ceeded  in  doing  so.  Commissioners  were  appointed 
under  the  constitutional  provisions  to  frame  a  con- 
tinuous and  complete  charter,  but  it  was  not  until  the 
spring  of  1900  that  such  an  instrument  was  actually 
accepted  by  the  people.  Many  legislative  acts  had 
been  passed  to  modify  the  old  charter.  The  consti- 
tutional amendment  of  1892  prevented  any  further 
legislation,  and  the  citizens  were  thrown  on  their  own 
resources.  After  much  opposition  a  new  charter  was 
framed  and  accepted  by  the  people. 

The  Duluth  charter  may  be  described  as  an  extreme 
form  of  the  mayor  type,  in  that  the  common  council 
has  almost  no  appointive  powers.  In  the  matter  of 
appointive  officers,  the  mayor  is  allowed  to  name  all 
police  officers,  the  members  of  the  board  of  fire  com- 
missioners, public  works,  light  and  water  commis- 
sioners, civil  service  commissioners,  and  the  park  and 
library  boards,  assessor,  city  attorney,  health  officer, 
city  engineer,  and  building  inspector.  He  also  has 
the  right  of  veto  subject  to  the  usual  restrictions  upon 
that  power.  The  city  council  in  turn  appoints  the  city 
clerk  and  a  few  minor  officers. 

The  elective  officers  of  the  city  are  the  mayor, 
Elective  treasurer,  comptroller,  aldermen,  municipal  and  spe- 
cial municipal  judges.  With  the  exception  of  the  last 
two,  who  hold  their  offices  for  three  years,  the  terms 
of  office  are  two  years.  The  aldermen  number  two 
from  each  ward  and  form  the  common  council.  This 
body  fixes  the  salaries  of  minor  city  officers,  passes 


Duluth  89 

such  ordinances  as  are  necessary  for  the  proper  gov- 
ernment of  the  city,  and  may  remove  officers  upon 
proper  evidence. 

Three  important  boards  are  mentioned  in  the  char-  Boards. 
ter,  the  board  of  fire  commissioners,  the  board  of  public 
works,  and  the  park  board.  The  first  board  is  named 
by  the  mayor  and  elected  by  the  council.  It  consists 
of  three  members  appointed  for  three  years.  The  com- 
pensation is  $200  per  year.  The  board  has  full  con- 
trol of  the  fire  department.  Public  works  are  always 
a  part  of  a  city's  business.  In  Duluth  the  matters 
of  streets,  public  buildings,  and  paving  are  placed 
under  the  control  of  a  board  of  three  persons  holding 
their  offices  for  three  years.  The  board  passes  upon 
contracts,  and  superintends  the  paving,  sewers,  and 
building  within  the  city.  The  salary  of  the  members 
of  this  board  is  $1000  a  year.  The  third  board  is  the 
park  board.  The  membership  consists  of  three  per- 
sons appointed  by  the  mayor.  Three  years  is  the 
term  of  office. 

The  power  of  removal  of  any  officer  or  member  of  Removal, 
the  boards  rests  with  the  city  council,  providing  there 
is  a  two-thirds  vote  to  sustain  the  charges  that  may 
be  brought  against  an  officer. 

The  charter  also  provides  an  elaborate  system  of 
municipal  ownership  when  desired  by  the  people. 
The  sale  of  public  franchises  is  forbidden  until  the 
terms  are  published  in  the  newspapers  for  six  weeks. 
The  council  is  limited  in  the  granting  of  franchises  to 
a  period  of  twenty-five  years.  The  regulation  of  the 
rates  for  public  service  is  left  in  the  hands  of  the 
council.  The  charter  is  an  experiment,  but  embodies 
some  of  the  latest  ideas  in  municipal  government. 


CHAPTER   VI 
NOMINATIONS  AND  ELECTIONS 

35.    REFERENCES 

Bryce,  The  American  Commonwealth,  II.  chs.  lix.-lxix.;  General 
Statutes,  1894  (see  index  under  Elections);  General  Laws  of  1895, 
1897,  1899;  Booth,  Township  Manual,  Minneapolis,  1899;  Legislative 
Manual,  1899,  index. 

36.   WHO  ARE  VOTERS 

A  man  may  vote  in  some  States  and  still  not  be 
a  citizen  of  the  United  States,  but  this  is  not  true 
in  Minnesota.  The  question  of  franchise  and  the 
restrictions  upon  its  exercise  are  determined  by  the 
States  under  the  authority  of  the  Federal  Constitution. 
Thus  one  State  may  require  voters  to  live  within  its 
boundaries  one  year,  another  but  six  months;  in  all 
cases,  however,  the  voter,  if  not  already  a  citizen  of 
the  United  States,  must  have  signified  his  intention  of 
becoming  one.1  But  the  States  may  remove  even  this 
slight  qualification  if  they  choose.  The  privilege  of 
the  franchise  in  Minnesota  is  not  as  easily  acquired  as 
in  earlier  days.  The  constitution  has  been  amended 

1  In  reference  to  this  point,  see  articles  on  "Citizens"  and  "Natu- 
ralization "  in  Johnson's  Cyclopcedia,  and  Bryce,  The  American  Com- 
monwealth, I.  419. 

90 


Who  are   Voters  91 

from  time  to  time,  changing  the  conditions  of  resi- 
dence, and  making  it  more  difficult  to  become  an 
elector.  In  November,  1896,  the  last  amendment  was 
ratified,  granting  the  privilege  of  voting  to  citizens  of 
the  United  States  alone. 

On  the  subject  of  franchise  and  the  rights  of 
voters  the  words  of  the  constitution  present  the 
matter  concisely  and  to  the  point. 

"  Every  male  person  of  the  age  of  2 1   years  or 
upwards  belonging  to  either  of  the  following  classes  Classes  of 
who  has  resided  in  this  State  six  months  next  preced-  * 
ing  any  election,  shall  be  entitled  to  vote  at  such 
election  in  the  election  district  of  which  he  shall  at 
the  time  have  been  a  resident  for  thirty  days,  for 
all  officers  that  now  are,  or  hereafter  may  be,  elective 
by  the  people. 

"  First  —  Citizens  of  the  United  States  who  have 
been  such  for  the  period  of  three  months  next  pre- 
ceding any  election. 

"  Second  —  Persons  of  mixed  white  and  Indian 
blood,  who  have  adopted  the  customs  and  habits  of 
civilization. 

"  Third  —  Persons  of  Indian  blood  residing  in  this 
State,  who  have  adopted  the  language,  customs,  and 
habits  of  civilization,  after  an  examination  before  any 
district  court  of  the  State,  in  such  manner  as  may  be 
provided  by  law,  and  shall  have  been  pronounced  by 
said  court  capable  of  enjoying  the  rights  of  citizen- 
ship within  the  State."1 

Another  group  has  been  admitted  to  the  franchise  women 
on  particular  questions.     Women  who  comply  with  voters- 

1  Constitution  of  Minnesota,  Art.  VII.,  Sec.  I,  amended  Novem- 
ber 3,  1896. 


92  Nominations  and  Elections 

the  same  conditions  as  the  male  voters  may  vote 
upon  matters  relating  to  schools  and  libraries  and 
may  participate  in  the  election  of  officers  having 
them  in  charge. 

Residential  restrictions  have  been  placed  upon 
voters  by  the  constitution,  making  it  necessary  for 
a  citizen  of  the  United  States,  either  native  born  or 
naturalized,  who  has  been  living  in  another  State, 
ffetheCti°n  to  res^e  *n  Minnesota  six  months  previous  to  the 
franchise.  election  before  he  can  vote.1  Even  a  citizen  of  the 
State  cannot  vote  in  an  election  district  unless  he 
has  lived  in  it  at  least  thirty  days  next  preceding 
the  election.  These  restrictions  are  necessary  to  good 
order  and  pure  elections.  The  election  law  of  the 
State  has  also  decreed  that  persons  convicted  of 
treason  or  felony,  or  who  are  under  guardianship,  or 
are  insane,  shall  be  excluded  from  the  franchise. 

We  now  have  pretty  well  before  us  the  qualifica- 
tions necessary  for  citizenship.  The  whole  matter 
may  be  made  somewhat  clearer  by  the  following 
schedule. 

1  In  reference  to  the  question  of  United  States  citizenship  as  a 
requirement  for  voting  in  the  State,  a  very  interesting  point  was  raised 
in  the  case  of  the  mayor-elect  of  Redwood  Falls.  This  officer  was 
elected  under  the  impression  that  he  was  a  United  States  citizen.  It 
was  found  that  the  mayor  was  born  in  Canada  and  that  he  was  but  five 
years  of  age  when  his  father  moved  to  Minnesota  Territory.  The  father 
failed  to  take  out  the  "  second  papers  "  necessary  to  full  United  States 
citizenship.  The  attorney  general  to  whom  the  question  had  been  re- 
ferred decided  that  any  foreign-born  elector  who  was  in  the  Territory 
of  Minnesota  at  the  time  it  was  admitted  to  statehood  was  a  full  citizen 
of  the  State,  on  the  ground  that  the  action  of  Congress  in  admitting 
Minnesota  to  the  Union  was  tantamount  to  a  collective  naturalization 
of  the  citizens  of  the  Territory. 


Nomination  of  Candidates  93 

CONDITIONS  OF  SUFFRAGE  IN  MINNESOTA 


PERSONS 


QUALIFICATIONS 


Males 
Natives  of  the  United  States. 

Foreigners  who  have  been  natu- 
ralized. 

Civilized  half-breeds. 

Civilized  Indians  who  have  been 
examined. 

Women 

Belonging  to  either  of  the  classes 
described  above  may  vote  upon 
measures  relating  to  schools  and 
libraries. 


Age  21  years  and  upward. 

Residence 

In  the  United  States  five  years. 
In  the  State  six  months. 
In   the    election   district   thirty 
days. 

Status 

Not    convicted    of   treason    or 
felony. 

Not  under  guardianship. 
Not  insane. 

Women 

The  same  as  those  of  the  male 
voter. 


Schedule  of 
Suffrage. 


37.   NOMINATION  OF  CANDIDATES 

There  are  two  methods  of  nominating  candidates  Methods  of 
for  office:  first,  by  convention,  which  includes  the  Nomination, 
machinery  of  the  primary ;  and  second,  by  petition.1 
The  convention  method  is  the  usual  way  of  selecting 
party  candidates  for  office. 

The  organization  of  a  nominating  convention  is 
preceded  by  the  election  of  delegates  by  the  various 
primaries  in  the  city,  town,  county,  or  congressional 
district.  The  law  of  1895  provides  that  any  political 

Primaries 

party  may  hold  primary  elections  in  any  county  or  called, 
city  in  the  State.2    The  political  parties  in  the  State 

1  "  A  primary  is  a  meeting  of  voters  belonging  to  the  same  political 
party  in  a  ward,  township,  or  other  election  district,  held  for  the  pur- 
pose of  nominating  candidates  for  office  or  choosing  delegates  to  a  con- 
vention. Theoretically,  every  voter  belonging  to  a  party  in  a  district 
has  a  right  to  attend  the  primary  and  vote." —  Century  Dictionary. 

*  General  Laws,  1895,  ch.  276. 


94  Nominations  and  Elections 

have  what  are  known  as  committees,  one  for  the 
State,  and  one  for  each  county  and  city  and  some- 
times township.  These  bodies  have  the  oversight 
and  management  of  a  party's  affairs.  Thus  the 
State  central  committee  has  general  charge  of  the 
campaign  throughout  the  State,  the  county  committee 
looks  after  the  interests  of  the  party  in  the  county, 
and  so  on  down  the  line  until  we  come  to  the  voting 
districts  (which  in  cities  of  over  two  thousand  must 
not  contain  over  four  hundred  voters),  where  we  find  a 
committee  that  has  charge  of  the  party's  affairs  in  the 
district.  The  chairman  of  the  district  committee,  or 
better  the  precinct  committee,  must  see  that  notices 
are  posted  of  the  coming  primary  election  at 
least  twenty  days  before  the  event.  In  this  notice 
appear  the  date,  place,  hour,  and  number  of  dele- 
gates to  be  elected.  The  call  for  the  primary  is 
signed  by  the  chairman  and  secretary  of  the  larger 
committee  that  has  the  election  in  charge.  The 
precinct  committee  carries  out  the  instructions  issued 
by  the  county,  congressional,  or  city  committees. 
The  notice  of  the  Republican  Congressional  Conven- 
tion given  below  illustrates  the  system.1 

1  REPUBLICAN    CONVENTION    AND    PRIMARY    ELECTION 

OFFICIAL  CALL 

A  Republican  Convention  for  the  Fifth  Congressional  District,  State 
of  Minnesota,  will  be  held  on  Wednesday,  the  25th  day  of  May,  1898, 
at  Harmonia  Hall,  corner  of  Third  Street  and  Second  Avenue  south  in 
the  City  of  Minneapolis. 

Said  Convention  shall  convene  at  10  o'clock  in  the  forenoon  of  said 
day,  for  the  purpose  of  nominating  a  candidate  to  represent  the  Fifth 
Congressional  District  of  the  State  of  Minnesota  in  the  Fifty-sixth  Con- 
gress, to  be  voted  for  at  the  next  general  election,  to  be  held  Novem- 
ber 8,  1898,  and  for  the  transaction  of  such  other  business  as  may 
properly  come  before  the  Convention. 


Nomination  of  Candidates  95 

The  primary  having  been  called,  and  the  hour  of 
the  meeting  at  hand,  the  chairman  or  secretary  of 

The  basis  of  representation  in  said  convention  shall  be  one  delegate 
for  each  fifty  votes,  or  major  fraction  thereof  (twenty-five  being  for  the 
purpose  hereof  treated  as  a  major  fraction  of  fifty),  cast  for  the  head 
of  the  presidential  electors  at  the  last  election  held  November  3, 
1896,  in  each  election  precinct,  each  precinct  being  entitled,  however, 
to  at  least  one  delegate. 

In  accordance  with  the  above  apportionment,  the  several  election 
precincts  in  Hennepin  County  will  be  entitled  to  the  following  number 
of  delegates  in  said  convention  :  — 

COUNTRY 
Bloomington  ...................  3    Minnetrista  ....................  2 

Brooklyn    ......................  4    Orono   ........................  2 

Champlin  ......................  2    Plymouth  ......................  2 

Corcoran  ......................  3    Richfield    ......................  3 

Crystal  Lake  ...................  2    St.  Anthony  ................... 

Dayton  ........................  2    Village  of  Edina  ............... 

Eden  Prairie  ....................  2    Village  of  Golden  Valley  ....... 

Excelsior  town  and  village  ......  4    Village  of  Minnetonka  Beach  .  . 

Greenwood  .....................  2    Village  of  Ossco  .............. 

Hassan  ........................   i     Village  of  Robbinsdale  ........ 

Independence  ..................  2    Village  of  St.  Louis  Park  ........  4 

Maple  Grove  ...................  3    Village  of  Wayzata  .............  I 

Medina  ........................  i    Village  of  West  Minneapolis  ----  4 

Minnetonka  ....................  3  — 

Total  .........................  60 

CITY  DISTRICTS 
Ward        i  2  3  4  5  6  7  8  9  10  ii   12  13   14   15   16  17   18   19  Total 

22 

35 
58 


25 
54 
32 
19 
33 
16 

9 

City  total    ..................................................  478 

Country  total    ..............................................     60 

Grand  total  .  ...................................  538 


4e 

r  A 

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0 

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3 

0 

32 

44 

2  2 

3 

o 

7 

43254 

2  4 

3r 

33 

3   A 

3 

7 

r 

7   6   <   4   2 

33 

3   A 

6 

43 

6 

7   5   5   2  .  . 

5 

a 
33 

42 

5 

32 

3 

4t? 

6 

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g 

10 

50 

4   A 

ii 

3 

3   A 

2  3 

32 

12 

3 

32 

S3 

13.  .  . 

.  o. 

6 

96  Nominations  and  Elections 

Organization  the  precinct  committee  calls  the  assemblage  to  order, 
:idry'  and  proceeds  to  form  an  organization.  In  case  both 
of  these  officers  are  absent,  any  of  the  voters  may  act 
as  the  temporary  chairman.  From  the  members  pres- 
ent a  chairman,  a  clerk  of  election,  and  two  judges  of 
election  are  chosen  by  a  viva  voce  vote. 

The   organization   now   completed,   the   chairman 
administers  the  oath  of   office  to  the  newly  elected 

Officers.  officers  and  the  work  of  casting  the  ballots  for  dele- 
gates to  the  convention  proceeds.  The  officers  of  the 
primary  have  particular  duties  to  perform ;  the  chair- 
man administers  the  oaths  and  presides,  the  clerk 
makes  minutes  of  the  meeting  and  administers  the 
oath  to  the  presiding  officer.  The  judges  of  election 
receive  the  ballots  of  the  voters  qualified  to  vote,  and 
make  a  record  of  the  name  and  address  of  every  voter 
before  he  casts  his  ballot.  After  the  hour  of  the  pri- 


The  primary  election  for  the  selection  of  delegates  to  attend  the 
Convention  aforesaid  shall  be  held  in  each  election  precinct  in  Henne- 
pin  County  on  Tuesday,  the  24th  day  of  May,  1898,  at  7.30  o'clock  P.M., 
and  the  polls  shall  be  kept  open  for  at  least  one  hour,  provided,  however, 
that  the  polls  shall  not  be  closed  until  all  qualified  voters  present  at 
8.30  o'clock  and  desiring  to  vote  shall  have  an  opportunity  so  to  do, 
and  shall  be  held  at  the  November,  1896,  polling  place  in  each  pre- 
cinct, except  as  the  same  may  be  changed  in  the  further  notices  of  said 
primary  election,  which  will  be  posted  in  three  public  places  in  each 
precinct  at  least  six  days  prior  to  the  date  when  said  primary  election 
will  occur.  All  voters,  without  regard  to  past  political  affiliations,  who 
believe  in  the  principles  of  the  Republican  party  and  who  desire  its 
success  in  the  present  campaign,  are  invited  to  participate  in  the  selec- 
tion of  delegates  to  said  Convention. 

By  order  of  the  Republican  Congressional  Committee  for  the  Fifth 
Congressional  District. 

S.  B.  LOVEJOY. 

Chairman. 

T.  S.  MAYER. 

Secretary. 


Nomination  of  Candidates  97 

mary  has  passed  the  judges  count  the  ballots,  and 
declare  elected  those  who  received  a  plurality  of  the 
votes  cast.  It  then  becomes  the  duty  of  the  chair- 
man and  the  clerk  to  furnish  the  delegates-elect  with 
proper  certificates  of  election. 

The  primary  law  is  explicit  and  strenuous  in  regard  Time- 
to  the  time  of  meeting,  which  is  limited  to  the  hours 
2-9  P.M.     If  more  than  one  primary  is  to  be  held  in 
a  city,  town,  or  county,  they  must  be  held  at  the  same 
hour  and  on  the  same  day. 

Under  this  law  the  parties  that  poll  at  least  five  per 
cent  of  the  total  vote  cast  inside  a  county,  city,  or 
district  may  elect  delegates  to  their  various  local  con- 
ventions. A  State  convention  may  be  held  by  a  party  Conventions. 
that  has  polled  a  vote  equivalent  to  one  per  cent  of 
the  total  vote  of  the  State.  The  State  central  com- 
mittees of  the  various  parties  determine  the  number 
of  delegates  to  the  State  convention  that  shall  be 
allotted  to  the  different  counties.  A  regular  rule  has 
been  established,  largely  by  usage,  basing  the  repre- 
sentation in  the  State  convention  upon  the  vote  cast 
by  the  counties  for  the  last  preceding  party  candidate 
for  governor.1  The  delegates  selected  by  the  various 
primaries  in  a  county  meet  at  the  call  of  the  party 
chairman,  choose  their  candidates  for  the  county 
offices,  and  name  delegates  to  the  State  convention.2 

1  Minneapolis  Journal,  December  2,  1899,  first  page. 

2  Primary  Election  Law,  General  Laws,  1899,  ch.  349.     This  act 
applies  to  Hennepin  County  alone.     In  1899  the  legislature  passed  the 
above  law  applying  to  counties  of  two  hundred  thousand  inhabitants 
and  over.     Under  its  provisions  any  person  may  become  a  candidate 
for  an  office  in  the  county,  if  his  petition  is  signed  by  ten  per  cent  of 
the  qualified  voters  necessary  to  his  election.     The  primary  election  is 
held  sometime  before  the  regular  election,  and  the  members  of  the 

H 


98  Nominations  and  Elections 

The  delegates  so  selected  from  the  various  counties 
form  the  State  convention.  On  a  certain  date  set 
by  the  central  committee  the  delegates  assemble  in 
one  of  the  larger  cities  and  proceed  to  the  selection 
of  candidates  for  the  State  offices,  and  delegates  to 
the  national  party  convention.  When  the  different 
parties  have  made  known  their  choice  of  candidates, 
the  secretary  of  state  arranges  the  names  on  the 
Australian  ballot  in  time  for  the  general  election. 

The  second  method  of  choosing  candidates  for 
political  offices  is  by  petition.  The  law  provides 
every  means  to  give  to  protestors  and  the  minority 
some  representation  in  the  selection  of  candidates. 
Persons  may  be  nominated  for  State  offices  when  sup- 
ported by  a  petition  containing  names  to  the  number 
Nomination  of  one  per  cent  of  the  total  party  vote  at  the  last  elec- 
by  petition.  tjoj^  £Qr  congressional  or  judicial  positions  when  sup- 
ported by  a  petition  of  five  per  cent  of  such  voters. 
In  the  case  of  the  city,  county,  and  legislative  officers 
the  candidates'  names  must  be  accompanied  by  a 
petition  of  ten  per  cent  of  the  party  voters.  But  in 
no  case  shall  over  two  thousand  names  be  required 
for  the  State  offices  or  more  than  five  hundred  for 
the  others.1 

The  local  government  is  put  to  a  considerable 
expense  in  printing  the  ballots  and  preparing  the 
blanks  and  notices  of  an  election.  The  State  law  pro- 
vides that  a  candidate  for  a  State  office  or  his  friends 

party  then  choose  their  candidates  from  the  persons  nominated  by 
petition.  On  the  tenth  day  before  the  regular  election,  the  county 
clerk  arranges  the  names  of  the  candidates  so  selected  on  the  election 
tickets. 

1  General  Laws ,  1895,  c^'  I3S> 


The  Corrupt  Practices  Act^S  99 

must  deposit  $50  with  the  secretary  of  state;  the  Fees  of 
seeker  for  congressional  honors  must  pay  $20  to  the  candidates- 
auditor  of  each  of  the  counties  composing  his  district; 
the  county  officers  pay  £10  to  have  their  names  on 
the  ballot  of  their  party;  and  the  candidates  for  city 
places  deposit  $$  with  the  clerk  of  the  municipality. 
In  towns  of  less  than  three  thousand  this  last  amount 
is  reduced  to  £3.  When  the  secretary  of  state,  the 
county  auditors,  and  the  city  clerks  have  received 
these  sums  and  deposited  them  with  the  different 
treasurers,  the  names  of  the  candidates  may  appear 
on  the  ballots. 

38.   THE  CORRUPT  PRACTICES  ACT 

The  legislature  in  1895  passed  an  act,  as  has  been 
done  in  many  other  States,  defining  bribery  in  elec- 
tions and  limiting  the  expenditures  of  candidates  for 
office.1     The  penalties  for  the   violation   of  the  act 
are   severe.      This    piece   of   legislation   deals   with 
bribery,  stuffing  the  ballot  box,  and  kindred  offences,   contents  of 
election  expenses,  contributions  to  party  funds,  dis-  the  act. 
bursements  of  money  by  party  committees,  and  the 
method  of  procedure  against  actual  or  suspected  vio- 
lators of  the  law. 

Bribery,  as  defined  in  the  law,  includes  three  sepa- 
rate acts:  (i)  the  receiving  of  bribes,  (2)  the  giving  Bribery  and 
of  bribes,  and  (3)  the  contributing  of  money  with  the  corruption, 
knowledge  that  it  is  to  be  used  for  corruption.     Upon 
conviction  the  violators  of  the  act  may  be  subjected 
to  imprisonment  in  the  penitentiary  for  five  years  or 
to  a  fine  of  $500.     The  framers  of  the  law  recognized 

1  General  Laws,  1895,  c^-  277' 


100 


Nominations  and  Elections 


Items  of 
expense. 


Reasonable 
expenses. 


Campaign 
committees. 


that  other  means  are  open  for  corrupting  voters,  for 
they  included  in  the  law  a  clause  against  the  use  of 
force  or  coercion.  The  punishment  in  such  cases  is 
fixed  at  three  months  in  the  county  jail.  Gifts  and 
banquets  are  tabooed  under  a  penalty  of  a  fine  of 
$25,  while  stuffing  the  ballot  box  is  punishable  by  a 
five  years'  imprisonment  in  the  penitentiary. 

The  act,  however,  permits  the  candidate  to  ex- 
pend some  money  in  a  legitimate  way.  He  is 
allowed  to  pay  travelling  expenses,  rent  of  halls, 
and  the  expenses  incurred  for  speakers,  challenges, 
clerks,  the  copying  of  poll  lists  and  the  canvassing  of 
voters.  The  law  further  declares  that  all  candidates 
for  any  public  office  within  the  commonwealth  must 
report  in  writing,  verified  by  affidavit,  the  amount  of 
money  spent  for  these  different  objects.  This  state- 
ment must  be  filed  in  the  office  of  the  county  auditor 
within  thirty  days  after  the  election.  Any  person 
failing  to  comply  with  this  part  of  the  law  is  liable  to 
a  fine  not  exceeding  $1000. 

The  question  as  to  what  constitutes  reasonable 
expenses  is  not  left  unanswered.  The  act  states  that 
no  candidate  shall  pay  out  or  expend  in  any  manner 
connected  with  an  election  more  than  $250  for  five 
thousand  voters  or  less ;  $2  more  may  be  added  for 
each  hundred  votes  up  to  twenty-five  thousand ;  for 
each  hundred  votes  over  twenty-five  thousand  and  up 
to  fifty  thousand  $i  may  be  expended;  and  for  each 
hundred  voters  over  fifty  thousand,  fifty  cents. 

The  party  campaign  committees  usually  come  into 
the  control  of  considerable  sums  of  money  during 
election  periods.  The  legislature  did  not  overlook 
this  fact,  and  provided  that  the  money  of  such  com- 


The  Corrupt  Practices  Act  IOI 

mittees  be  distributed  through  a  treasurer,  who  must 
file  in  the  office  of  the  county  auditor  within  thirty 
days  after  the  election  an  account  of  receipts  and 
expenditures.  If  the  committee  neglects  to  do  this  a 
fine  of  one  hundred  dollars  or  an  imprisonment  of 
three  months  may  be  imposed  on  its  members. 

The  reports,  affidavits,  and  accounts  filed  by 
candidates  in  the  offices  of  the  county  auditors  are 
open  to  public  inspection  for  four  years.  After  that 
time  the  auditors  or  their  successors  shall  destroy 
the  accumulated  reports. 

In  order  the  better  to  secure  the  enforcement  of 
the  act  the  courts  are  open,  within  limits,  to  those 
who  wish  to  bring  charges  against  officers  who  violate 
the  law.  Charges  may  be  preferred  against  the  sue-  befo°™  the 
cessful  candidate  by  the  person  having  the  next  court, 
highest  vote.  The  hearing  before  the  court  is  secured 
by  applying  to  the  attorney  general  of  the  State  to 
begin  proceedings.  In  order  to  insure  good  faith 
this  application  must  be  accompanied  by  a  bond 
of  $1000.  The  charges  also  must  be  set  forth  in 
specific  and  definite  language.  Within  ten  days 
after  the  receipt  of  the  application  and  bond  the 
legal  officer  of  the  State  must  either  begin  the  action 
in  person  or  instruct  the  county  attorney  of  the 
county  in  which  the  officer  resides  to  begin  proceed- 
ings. If  the  attorney  general  refuses  to  comply  with 
his  request,  the  applicant  may  bring  the  action  at  his 
own  expense. 

Since  the  enactment  of  this  law,  the  reports  and 
accounts  of  committees  and  candidates  have  been 

Results  of 

filed   with    great  regularity.     Occasional  complaints  the  law. 
have  been  made  concerning  the  expenditure  of  money, 


IO2  Nominations  and  Elections 

but  no  important  suits  have  been  brought.  The  law, 
nevertheless,  serves  a  very  useful  function  in  that  it 
acts  as  a  check  upon  election  expenses  and  the  con- 
duct of  candidates. 


39.   MACHINERY  OF  ELECTIONS 

Time  of  The  general  elections  in  the  State  are  held  in  every 

elections.  even-numbered  year,  on  the  first  Tuesday  after  the 
first  Monday  in  November.  At  this  time  in  every  sec- 
ond, fourth,  or  sixth  year,  presidential  electors,  mem- 
bers of  the  legislature,  representatives  in  Congress, 
State,  county,  and  sometimes  city  officers,  and  the 
judges  of  the  supreme  and  district  courts  are  selected. 
The  machinery  of  elections  is  elaborate  and  intri- 

detaiis'11  cate,  although  from  the  point  of  view  of  the  voters 
the  workings  are  comparatively  simple ;  but  back  of 
the  scenes  of  election  day  are  the  preparation  of 
blanks,  notices,  and  ballots,  the  appointment  of  elec- 
tion officers,  registration,  posting  of  the  lists  of  voters, 
the  counting  of  the  ballots,  the  official  canvass,  and 
the  final  deposit  of  results  with  the  various  city, 
county,  and  State  officers.  In  other  sections  of  this 
chapter  we  have  described  the  nomination  of  candi- 
dates ;  in  this  we  shall  have  to  do  with  the  points  just 
mentioned. 

The  voter  first  comes  in  contact  with  the  election 
machinery  through  what  is  called  "  registration."    By 

Registration.  ^s  ^s  meant  the  listing  of  the  names  and  addresses  of 
all  of  those  who  are  qualified  electors.  The  inten- 
tion of  this  part  of  the  law  is  to  prevent  illegal  voting 
and  to  give  an  opportunity  to  challenge  voters.  In 
all  towns  and  cities  having  more  than  twelve  hundred 


Machinery  of  Elections  103 

inhabitants,  registration  of  voters  is  required  by  law. 
Such  cities  are  divided  into  three  groups  :  (i)  those  of 
less  than  twelve  thousand  people,  (2)  those  having 
between  twelve  thousand  and  forty  thousand,  and  (3) 
those  of  over  forty  thousand  population.  In  the  first 
group  no  regular  questions  are  asked  of  the  voter, 
although  he  takes  an  oath  which  binds  him  to  answer 
such  questions  as  may  be  put  to  him.  In  the  second 
group,  questions  must  be  answered  as  to  name,  age, 
place  of  residence,  nativity,  color,  length  of  residence  Ouestions 
in  the  United  States,  in  the  State,  and  district,  as  to  asked, 
ability  to  read  English,  and  as  to  last  place  of  regis- 
tration. Foreign-born  voters  must  also  state  whether 
they  have  received  their  first  or  second  papers,  and 
where  such  papers  were  taken  out.  To  the  questions 
asked  in  the  second  group  are  added,  in  the  third 
group  of  cities,  inquiries  as  to  whether  the  voter  is 
a  householder,  boarder,  lodger,  or  employee.1  The 
boards  that  conduct  the  registration  are  required  to 
meet  in  all  the  cities  at  least  three  times,  and  in  the 
cities  of  over  forty  thousand  inhabitants  a  fourth 
meeting  is  held  on  the  Saturday  previous  to  the 
election.  On  the  days  of  registration  the  polls  are 
open  from  six  A.M.  to  nine  P.M.  After  each  day  of 
registration  the  books  are  turned  over  to  the  city 
clerk  or  recorder  for  safe  keeping.  The  law  re-  Posting  of 
quires  that  at  least  ten  days  before  election  the  list 
of  voters  must  be  posted  in  a  conspicuous  place  near 
the  polls. 

One  thing  remains  to  be  done  before  the  election 
takes  place,  and  that  is  the  preparation  of  the  ballots.   Preparation 

of  ballots. 

Since  1891  the  entire  State  is  under  the  Australian 

1  General  Statutes,  1894,  §§  60-72. 


104 


Nominations  and  Elections 


ballot  system.1  The  ballots  containing  the  names  of 
the  candidates  for  State  offices  are  white,  the  munici- 
pal ballots  are  red,  and  the  county  and  miscellaneous 
offices  are  placed  on  a  blue  ballot.  The  first  is  pre- 
pared by  the  secretary  of  state,  the  city  clerk  arranges 
the  second,  and  the  county  auditor  the  third.  When 
the  officer  under  whose  authority  the  ballot  is  issued 
orders  the  facsimile  of  his  signature  to  be  printed 
under  the  words  "  official  ballot,"  this  action  on  his 
part  designates  it  as  such.  Two  weeks  before  the 
election  the  ballots  must  be  ready  for  distribution, 
and  at  that  time  printed  in  the  newspapers  of  the 
cities  and  counties.  Sample  ballots  are  kept  in  the 
offices  of  the  city  clerk,  county  auditor,  and  secretary 
of  state  for  public  inspection.  On  the  day  preceding 
the  election  the  ballots  are  delivered  to  the  judges  of 
election  by  special  messengers.  Every  precaution  is 
taken  to  prevent  fraud. 


40.   THE  CONDUCT  OF  ELECTIONS 

All  preparations  have  now  been  made  with  the 
exception  of  the  choosing  of  judges,  clerks,  and  con- 
stables. These  officers  are  selected  some  time  before 
registration  begins,  but  it  is  at  this  point  in  our 
description  of  election  proceedings  that  we  can  best 
describe  the  method  of  choosing  them. 

In  towns  and  townships  where  there  is  but  one  elec- 
tion district,  the  supervisors  or  town  council  may  act 
as  judges  of  election.  The  number  of  judges  is  three, 
but  not  more  than  two  may  be  of  the  same  political 

1  For  the  Australian  ballot  system,  see  Wigmore,  The  Australian 
Ballot  System. 


The  Conduct  of  Elections  105 

party.  The  judges  in  turn  select  one  of  the  clerks  of 
election,  the  town  clerk  serving  as  the  second  one. 
This  plan  is  somewhat  changed  in  towns  and  cities  of 
two  or  more  election  districts.  With  respect  to  these 
the  law  provides  that  thirty  days  before  the  election 
the  local  committees  of  parties  may  furnish  to  the 
council  a  list  of  qualified  electors  who  are  willing  to 
serve  as  judges.  In  cities  of  more  than  twelve 
thousand  inhabitants  a  ballot  judge  is  added  to  the 
number,  making  four  judges.  Except  in  the  cities 
of  less  than  twelve  thousand  inhabitants,1  the  judges 
of  each  voting  precinct  choose  four  clerks.  The 
fourth  judge  and  two  of  the  clerks  render  no  service 
in  the  registration  of  voters,  but  appear  on  the  elec- 
tion day.  The  election  constables,  like  the  clerks, 
are  chosen  by  the  judges. 

The  duties  of  the  judges  are  comparatively  simple.  Duties. 
One  of  them  has  charge  of  the  ballots.  He  delivers 
to  the  voter  the  several  ballots  and  receives  from 
him  the  ballots  which  he  has  marked  in  the  booth. 
The  ballot  judge  then  places  each  ballot  in  its  proper 
box.  The  other  two,  or  in  case  of  cities  of  over 
twelve  thousand  inhabitants,  three,  have  control  of  the 
registers  compiled  from  the  names  of  electors  regis- 
tered previous  to  the  election,  and  mark  the  name  of 
each  voter  when  he  delivers  his  ballot  to  the  ballot 
judge,  who  deposits  it  in  the  proper  box.  The  clerks 
keep  poll  lists  in  which  the  name,  residence,  and  the 
color  of  the  ballot  box  in  which  the  ballots  are  cast 
are  noted.  These  lists  are  supposed  to  correspond 
with  those  kept  by  the  judges. 

The  ballots  are  in  the  form  of  the  Australian  ballot, 

1  General  Statutes,  1894,  §  144. 


io6 


Nominations  and  Elections 


and  must  be  properly  marked  by  the  voter.  Any 
technical  error  does  not  cause  the  rejection  of  the 
vote  unless  it  is  impossible  to  determine  the  intention 
of  the  voter.  The  elector  in  case  he  cannot  write 
may  receive  aid  from  some  person  appointed  by  the 
ballot  judge. 


41.   CANVASSING  BOARDS 

As  soon  as  the  polls  are  closed  the  ballot  boxes 
are  opened  in  the  presence  of  judges,  clerks,  and 
party  challengers,  and  the  counting  begins.  The 
judges  of  election  first  prepare,  at  the  end  of  each 
poll  list,  a  summary  of  the  number  of  persons  present 
and  voting,  the  number  of  women,  and  the  number  of 
white,  red,  and  blue  ballots  recorded  as  cast.  When 
the  statements  have  been  prepared  and  signed,  the 
ballot  boxes  are  opened,  examined,  and  the  ballots 
taken  out  and  arranged.  Beginning  with  the  boxes 
containing  the  votes  for  State  officers,  the  ballots  are 
counted  to  see  if  the  number  agrees  with  the  poll  list. 
If  the  numbers  are  in  accord  the  judges  proceed  to 
ascertain  the  number  of  votes  cast  for  each  candidate, 
the  clerks  keeping  tally  on  sheets  provided  for  the 
purpose. 

After  the  judges  of  election  have  finished  the 
count,  and  signed  a  statement  of  the  results,  the 
ballots  are  placed  on  a  string  and  returned  to  the  box 
from  which  they  were  taken.  These  boxes  are  sealed 
with  papers  on  which  are  written  the  names  of  the 
judges.  The  boxes  are  deposited  with  the  town  or 
city  clerk,  and  are  not  opened  until  the  next  election 
unless  necessary  to  verify  the  results.  The  poll  lists 


Canvassing  Boards  107 

and  one  of  the  registers  is  deposited  with  the  clerk,  and 
the  others  are  sent  to  the  office  of  the  county  auditor. 
The  law  requires  the  judges  to  deposit  the  returns, 
ballot  boxes,  and  registers  with  the  city  clerk  as  soon 
as  possible,  the  limit  of  time  being  twenty-four  hours 
after  the  election.1 

The  returns  for  county  candidates  are  sent  to  the 
county  auditor,  who,  within  the  next  ten  days,  calls  a  County 
canvassing  board  consisting  of  himself,  the  chairman  boards- 
of  the  board  of  county  commissioners,  and  two  jus- 
tices of  the  peace  of  opposite  political  parties  residing 
in  the  county.  The  business  of  this  board  is  care- 
fully to  examine  and  sum  up  the  returns,  and  to 
make  a  sworn  statement  concerning  (i)  the  whole 
number  of  votes  cast  for  each  candidate  on  the  State 
ticket,  (2)  the  whole  number  of  votes  cast  for  county 
officers  and  members  of  the  legislature,  and  (3) 
to  do  the  same  in  reference  to  the  votes  cast  for 
presidential  electors,  representatives  in  Congress,  and 
constitutional  amendments.  When  the  board  has 
declared  the  candidates  for  county  offices  receiving  the 
highest  number  of  ballots  elected,  the  county  auditor 
makes  out  a  certificate  of  election  for  each  successful 
candidate.  As  a  final  act  the  board  sends  certified 
statements  of  the  results  to  the  secretary  of  state, 
who  in  time  presents  them  to  the  State  canvassing 
board. 

Eighteen  of  the  senatorial  districts  in  the  State  are 
composed  of  two  or  more  counties,  which  necessitates 
a  third  canvassing  board  known  as  the  senatorial  Senatonal 

district 

district  canvassing  board.2     The  auditor  of  the  senior  board. 

1  Minnesota  General  Statutes,  1894,  §§  156-192. 
*  General  Statutes,  1894,  §§  175-177. 


io8  Nominations  and  Elections 

county  calls  together  on  the  twentieth  day  after  the 
election  the  chairman  of  the  county  commissioners  of 
his  county  and  two  justices  of  the  peace,  with  such 
auditors  of  the  counties  composing  the  district  as 
care  to  attend.  The  board  then  opens  and  inspects 
the  returns  from  the  several  counties,  and  declares 
those  receiving  the  highest  vote  elected.  The 
auditor  then  makes  out  certificates  of  election  to  the 
members  of  the  legislature  from  that  district. 

From  all  parts  of  the  State  the  county  auditors 
send  the  returns  for  the  State  officers  to  the  secretary 
of  state.  This  officer  calls  to  his  aid  two  or  more 
judges  of  the  supreme  court,  and  two  disinterested 
judges  of  the  district  courts  of  the  State.  On  the 
third  Tuesday  in  December,  after  the  election,  these 
officials  meet  in  the  office  of  the  secretary  of  state 
and  go  over  the  returns,  and  make  a  sworn  state- 
ment concerning  the  votes  received  by  candidates  for 
State  offices,  members  of  Congress,  and  presidential 
electors.  The  persons  receiving  the  largest  number 
of  votes  for  these  different  positions  are  given  certifi- 
cates of  election  signed  by  the  governor  and  the 
secretary  of  state. 

This  act  on  the  part  of  the  State  canvassing  board 
completes  the  machinery  of  election.  On  the  first 
day  of  January,  with  a  few  exceptions,  the  officers- 
elect  take  their  positions  and  begin  their  service  for 
the  State. 


CHAPTER  VII 

THE   ADMINISTRATION   OF   JUSTICE 

42.    REFERENCES 

Wilson,  The  State  (revised  ed.),  §§  1147-1172;  Bryce,  The  Ameri- 
can Commonwealth,  I.  ch.  xlii.;  General  Statutes  of  Minnesota,  1894; 
Dunnell,  Minnesota  Trial  Book,  ch.  ii.;  Legislative  Manual,  1899; 
Booth,  Township  Manual,  ch.  iv.,  section  on  Judiciary. 

43.  THE  JUDICIAL  POWER 

Two  of  the  most  important  of  the  functions  of  the 
State  are  the  maintenance  of  order  and  the  adminis- 
tration of  justice.  The  first  is  largely  an  executive  Functions 
duty,  but  in  performing  it  the  governor  and  other  of  the  courts, 
executive  officers  must  frequently  rely  upon  the  as- 
sistance of  judicial  tribunals.  The  second  is  purely 
a  judicial  function,  and  is  vested  in  the  courts.  No 
other  function  that  any  government  undertakes  sur- 
passes it  in  importance.  Under  it  the  State  punishes 
crimes  which,  because  of  the  fact  that  they  menace 
the  life  and  property  of  all  the  people  of  the  com- 
munity, are  regarded  as  offences  against  the  State 
rather  than  as  offences  against  the  person  injured. 
Through  the  courts  also  private  individuals  seek  to 
protect  their  rights  and  to  secure  the  redress  of  wrongs 
committed  against  them.  Certain  of  the  courts  assume 
the  protection  of  the  persons  and  property  of  the 

109 


no  The  Administration  of  Justice 

insane,  minors,  and  others  who  are  thought  to  be 
incapable  of  defending  themselves. 

In  these  courts  two  kinds  of  actions  may  be 
brought,  called  civil  actions  and  criminal  actions.1 
The  first  or  civil  action  may  be  instituted  by  the 
State  in  its  capacity  as  an  owner  or  contracting  party, 
or  by  a  subject  or  citizen,  for  the  purpose  of  maintain- 
ing a  right,  collecting  a  debt,  or  for  damages  for  an 
injury  or  wrong  to  person.  A  criminal  action  is 
brought  when  the  State  attempts  to  prove  the  guilt 
of  a  person  for  an  act  or  omission  forbidden  by  law. 
Such  acts  or  omissions  are  called  crimes,  and  are 
defined  by  statute. 

The  judicial  system  of  Minnesota  is  largely  a  crea- 
tion of  the  legislature.  The  constitution  says,  "  The 
judicial  power  of  the  State  shall  be  vested  in  a  supreme 
court,  district  courts,  courts  of  probate,  justices  of  the 
peace,  and  such  other  courts,  inferior  to  the  supreme 
court,  as  the  legislature  may  from  time  to  time  estab- 
lish by  a  two-thirds  vote."2  These  courts  may  be 
grouped  for  convenience  in  treatment  under  three 
heads,  local  courts,  district  courts,  and  the  supreme 
court. 

44.   THE  LOCAL  AND  DISTRICT  COURTS 

There  are  three  local  courts :  the  justice  of  the 
peace  courts,  town  or  city  courts,  and  the  probate 
courts.  The  law  provides  that  each  township  may 
elect  two  justices  of  the  peace  and  two  constables 

1  Being  what  is  called  a  code  State  the  distinction  between  "  actions 
at  law  "  and  "  suits  in  equity  "  is  abolished,  such  cases  coming  under 
civil  actions. 

2  Constitution  of  Minnesota,  Art.  VI.,  Sec.  I. 


The  Local  and  District  Courts  in 

every  two  years.  In  each  city  justices  of  the  peace 
are  elected  for  the  same  period.1  This  officer  is, 
therefore,  primarily  a  local  one.  The  justice's  court  Justice's 
machinery  consists  of  a  constable  and  a  jury.  When  c 
it  is  necessary  to  secure  a  jury  the  justice  directs  the 
constable,  or  possibly  the  sheriff,  to  make  a  list  of 
twenty-four  persons,  residing  in  the  county  and  quali- 
fied to  vote,  to  serve  as  jurors.  From  this  list  each 
party  to  the  cause  may  strike  six  names.  In  case 
of  agreement  between  the  defendant  and  plaintiff, 
the  jury  may  be  reduced  to  six  persons. 

The  jurisdiction  of  a  justice  of  the  peace  is  original ; 
that  is,  all  cases  which  a  justice  hears  begin  in  his 
court.  None  can  be  appealed  to  it,  for  it  is  the  lowest 
court  in  the  system.  The  justice  has  power  within  Jurisdiction, 
the  limits  of  the  county  to  order  the  arrest  of  persons 
breaking  the  peace,  or  who  are  charged  with  any 
criminal  offence.  He  may  commit  to  jail,  require 
security  to  keep  the  peace,  or  bail  for  appearance 
at  a  higher  court,  but  he  does  not  have  any  final 
jurisdiction  when  the  punishment  for  the  offence 
exceeds  three  months'  imprisonment  or  a  fine  of 
$100.  In  civil  cases  the  jurisdiction  of  this  court 
extends  to  actions  on  contracts  for  the  recovery  of 
money,  to  suits  for  damages  for  injury  to  person  or 
property,  and  to  actions  on  bonds,  provided  the  sum 
involved  in  such  cases  does  not  exceed  $100.  In 
cases  relating  to  a  title  to  real  estate,  false  impris- 
onment, libel,  slander,  seduction,  breach  of  promise 
to  marry,  divorce,  or  actions  against  an  executor  or 
administrator,  the  justice  has  no  jurisdiction.2 

1  Abolished  in  Minneapolis,  1899. 

8  General  Statutes,  1894,  §§  4959,  4960. 


112  The  Administration  of  Justice 

City  justices.  The  justices  of  the  peace  elected  within  the  bounda- 
ries of  a  municipal  corporation  are  called  city  justices. 
They  possess  a  somewhat  larger  power  and  jurisdic- 
tion than  the  county  justice.  In  addition  to  the 
jurisdiction  described  above  the  city  justice  has  the 
right  to  hear  and  try  all  violations  of  the  charter 
provisions,  ordinances  or  by-laws  passed  by  councils, 
and  cases  of  larceny  where  the  amount  stolen  does 
not  exceed  $25.  In  fact  all  offences  not  indictable, 
such  as  assaults,  batteries,  affrays,  drunkenness,  dis- 
order, and  breaches  of  the  peace,  so  long  as  the 
punishment  does  not  exceed  $100  fine  or  three 
months'  imprisonment,  may  come  before  a  justice 
of  the  peace  for  trial.1 

But  there  are,  despite  the  enlarged  powers  of  the 

Municipal  cfty  justice,  a  great  many  cases,  civil  and  criminal, 
that  are  not  within  his  jurisdiction.  This  is  particu- 
larly true  in  the  larger  cities.  In  order  to  relieve  the 
district  court  from  such  matters,  another  local  court 
has  been  created  called  the  municipal  court.  Any 
incorporated  city  may  establish  such  a  court.  The 
municipal  court  has  a  judge,  a  clerk,  and  a  seal.  It 
has  power  to  hear,  try,  and  determine  civil  actions 
at  law  where  the  amount  in  controversy  does  not 

of  th^munic-  exceed  $5OO.     It  also  has  jurisdiction  to  hear  crimi- 

ipai  court.  nal  complaints  and  conduct  examinations  and  trials 
in  criminal  cases  arising  within  such  cities  where 
the  jurisdiction  is  co-extensive  with  the  county  and 
equivalent  to  that  of  a  justice  of  the  peace.  The 
powers  of  the  court  do  not  extend  to  actions  in- 
volving the  title  to  real  estate,  divorces,  libel,  breach 
of  promise,  civil  actions  against  the  city,  or  any 

1  General  Statutes,  1894,  §§  1074,  1075. 


The  Local  and  District  Courts  113 

action  involving  over  $500  against  an  administrator 
or  executor.1 

The  judge  of  this  court  is  elected  for  a  period  of  officers  of 
four  years  and  receives  a  salary  varying  with  the  thecourt 
size  of  the  city.2     In  towns  of  less  than  five  thousand 
inhabitants  the  chief  magistrate  of  the  city  acts  in 
the  capacity  of  judge.      The  judge  is  to  hear  and 
dispose  of  cases  brought  before  him  by  the  police 
officers  or  marshals  of  the  city.     The  clerk  of  the 
court  keeps  the  records,  swears  the  witnesses  and 
jurors,  and  administers  oaths. 

The  third  local  court  is  the  probate  court,  estab- 
lished in  order  to  relieve  the  district  court  of  the 
business  of  administering  estates,  wills,  guardian- 
ships over  children,  and  the  examination  of  insane 
persons.  In  the  case  of  a  will,  the  probate  court  court?™ 
(i)  orders  the  payment  of  the  debts  of  the  deceased, 
and  (2)  divides  the  remaining  property  among  those 
who  are  entitled  to  it.  If  a  will,  in  legal  form,  has 
been  left,  the  division  of  the  property  follows  the 
desire  of  the  former  possessor  as  expressed  in  the 
will;  but  if  no  will  is  left,  the  judge  proceeds  in 
accordance  with  the  law.  The  steps  in  the  probating 
of  a  will  are  as  follows :  petition  for  probate ;  notice,  iJprobatin 
by  publication  in  the  newspapers,  to  those  interested ;  a  wil1- 
proof  of  the  validity  of  the  will ;  admission  to  pro- 
bate; appointment  of  an  administrator,  or,  in  case  the 
executor  is  named  in  the  will,  confirmation  of  the 
nomination ;  settlement  and  order  for  payment  of 
debts;  division  of  the  property.  When  there  is  no 
will,  the  proceedings  are  much  the  same.  Some  one 
interested  in  the  estate  petitions  for  the  appointment 

1  General  Laws,  1895,  ch-  229-  2  Ibid->  l899»  ch.  271. 

I 


114 


The  Administration  of  Justice 


Jurisdiction. 


Writs  and 
processes. 


of  an  administrator;  after  notice  to  all  concerned 
the  court  makes  such  an  appointment;  the  pro- 
ceedings are  then  the  same  as  in  the  case  of  a 
will;  the  division  of  the  property,  however,  is  in 
accordance  with  the  law  of  the  descent  of  property. 
The  other  duties  of  the  probate  court  are  just  as 
important.  The  commitment  of  insane  persons  to 
an  asylum  and  the  appointment  of  guardians  for 
minors  are  difficult  tasks.  This  court  is,  indeed, 
one  of  mercy  in  its  dealings  with  orphans,  widows, 
and  the  weak. 

The  district  courts  have  two  kinds  of  jurisdiction, 
original  and  appellate.  They  have  original  jurisdic- 
tion in  all  civil  actions  within  their  respective  dis- 
tricts when  the  sum  in  controversy  exceeds  $100, 
in  those  cases  where  a  justice  of  the  peace  has  no 
jurisdiction,  and  in  the  case  of  crimes  and  misde- 
meanors, where  the  fines  and  punishment  exceed 
$100  and  three  months'  imprisonment.  The  appel- 
late jurisdiction  of  the  courts  extends  to  civil  and 
criminal  cases  appealed  from  the  courts  of  probate 
and  justices  of  the  peace.  Appeals  may  also  be  made 
to  these  courts  from  the  orders  of  the  railroad  and 
warehouse  commission,  board  of  health,  the  factory 
inspectors,  the  decisions  of  county  boards  on  allow- 
ances, city  condemnation  of  lands,  and  county 
commissioners.1 

In  term  time  the  courts,  and  in  vacation  the  judges 
of  the  district  court,  may  issue  writs  of  injunction, 
mandamus,  ne  exeat,  certiorari,  habeas  corpus,  and 
such  other  writs  and  processes  as  may  be  neces- 


1  General  Statutes,  1894,  index  title,  "Appellate  Jurisdiction." 


The  Supreme  Court  115 

sary.1     These  writs  can  be  served  in  any  part  of 
the  State,  but  are  returnable  to  the  proper  county. 

45.   THE  SUPREME  COURT 

The  jurisdiction  of  this  court  is  largely  appellate ; 
appeals  are  taken  to  the  highest  court  from  the  dis- 
trict courts,  where  its  decisions  are  reviewed  by  the 
supreme  court.  The  decisions  are  rendered  in  writ- 
ing, and  stand  as  the  law  of  the  case  and  of  the  State 
quite  as  effectively  as  a  legislative  act.  In  fact  a 
legislative  act  may  be  declared  void  by  the  supreme 
court  if  found  to  be  in  conflict  with  the  constitution. 
It  must  be  remembered  that  the*  highest  court  of  the 
State  does  not  hear  jury  trials,  but  passes  only  upon 
questions  of  law  except  in  cases  when  "  writs  "  have 
been  issued  by  the  court.  The  supreme  court  has 
power,  in  addition  to  the  trial  of  appealed  cases,  to 
issue  writs  of  error,  certiorari,  mandamus,  prohibition, 
quo  warranto,  and  other  writs  which  are  issued  in  fur- 
therance of  justice  and  the  administration  of  law. 

The  chapter  on  "  Central  Government "  under  the 
section  "Judiciary  "  describes  the  number  of  courts,  the 
tenure  of  office  of  the  judges,  and  their  relation  to 
each  other.  The  first  part  of  this  chapter  has  been 
devoted  to  the  jurisdiction  of  the  different  judicial  procedure. 
bodies,  but  we  still  know  but  little  of  the  real  work- 

1  Mandamus  —  a  command  issued  by  a  superior  requiring  a  lower 
court,  corporation,  or  official  person  to  do  some  specific  duty. 

Ne  exeat  —  a  command  to  a  sheriff  or  constable  to  hold  a  person  at 
the  order  of  the  court. 

Certiorari  —  a  writ  from  a  superior  to  an  inferior  court  directing 
that  a  certified  record  of  a  certain  case  be  sent  up  for  review  by  the 
superior  court. 


Ii6  The  Administration  of  Justice 

ings  of  the  courts.  Of  this,  however,  we  may  learn 
by  an  examination  of  the  procedure  followed  in  the 
trial  of  civil  and  criminal  cases. 


46.   CIVIL  PROCEDURE 

Undoubtedly  the  best  way  to  review  the  method 
of  procedure  is  to  begin  with  the  introduction  of  a 
case  in  the  district  court.  If  we  suppose  that  a  man 
has  been  damaged  by  the  loss  of  a  horse  on  account 
of  a  neighbor's  negligence,  we  have  the  basis  of  a  civil 
case.  Having  decided  to  carry  the  matter  into  the 
courts,  he  seeks  a  lawyer  in  the  county  seat  and  asks 
his  advice.  After  the  various  points  have  been  talked 
over  the  lawyer  prepares  what  is  called  a  "  complaint." 
This  document  contains  three  points,  first,  the  title  of 
the  cause,  the  court,  county,  and  the  names  of  the 
parties,  —  the  plaintiff  who  brings  the  suit,  and  the 
defendant  against  whom  it  is  brought;  second,  a 
plain  and  concise  statement  of  the  facts  constituting 
the  cause  of  action ;  and  third,  a  demand  for  the 
relief  to  which  the  plaintiff  believes  himself  entitled.1 
The  attorney  files  the  complaint  with  the  county  clerk, 
and  notifies  the  defendant  that  an  action  has  been 
brought  against  him. 

The  second  step  in  our  case  is  the  answer  of  the 
defendant  to  the  complaint  filed  by  the  plaintiff, 
which  is  done  within  the  twenty  days  allowed  by  the 
law  after  service.  Sometimes  the  defendant's  answer 
contains  new  matter,  and  if  it  does  the  plaintiff  is 
granted  the  same  time  in  which  to  file  a  reply.  The 

1  For  civil  trial,  see  General  Statutes,  1894,  §§  5156-5386. 


Civil  Procedure  117 

general  term  "pleadings"  is  used  to   describe  the 
papers  filed  in  the  case.1 

"Issues"  arise  upon  the  pleadings,  when  a  fact  or 
conclusion  of  law  is  maintained  by  one  party  and 
controverted  or  denied  by  the  other.2  The  trial  of  issues, 
the  issue  constitutes  the  third  step  in  the  proceedings. 
The  first  of  these  issues  arises  upon  a  question  of  law 
in  relation  to  the  documents  or  pleadings  of  the  de- 
fendant and  plaintiff;  the  second  upon  the  state- 
ment of  facts  made  by  the  plaintiff,  or  defendant. 
When  an  issue  is  joined  a  trial  is  the  result.  A  trial 
is  the  judicial  examination  of  the  issues  or  dispute 
between  parties,  and  may  be  tried  by  the  court  or  by 
a  jury.  Issues  of  law  are  tried  by  the  court,  issues 
of  fact  by  the  jury.  Sometimes  in  the  latter  case 
trial  by  jury  is  waived,  and  the  matter  referred  to  a 
referee.  In  our  case,  however,  the  issue  is  one  of 
fact ;  both  parties  insist  upon  a  jury  trial. 

At  any  time  after  issue,  but  at  least  eight  days  before 
the  term,  either  party  may  give  notice  of  trial.  The 
law  provides  that  the  party  giving  notice  must  furnish 
the  clerk  of  the  court  with  a  "note  of  issue"  contain- 
ing the  names  of  the  parties,  and  their  attorneys,  and 
when  the  last  pleading  was  served.  When  this  has  The  trial, 
been  done,  the  clerk  enters  the  cause  upon  the  court 
calendar  or  list  of  cases  for  trial  according  to  the  date 
of  the  issue.  The  court  disposes  of  the  various  cases 
in  this  order:  (i)  issues  of  fact,  to  be  tried  by  a  jury ; 
(2)  issues  of  law,  to  be  tried  by  the  court.  Let  us  say 
that  the  day  of  the  trial  has  come,  the  judge,  attorneys, 
and  parties  to  the  case  are  present,  but  a  jury  must 
be  secured  before  the  trial  can  proceed.  This  is  the 

1  General  Statutes,  1894,  §  5332.  2  Ibid.,  §  5355. 


The  Administration  of  Justice 


next  step.  The  petit  or  trial  jury  consists  of  twelve 
men  impanelled  and  sworn  in  a  district  court  to  try 
and  determine  questions  of  issue,  or  fact,  in  any  civil 
or  criminal  proceeding.  The  names  of  electors  quali- 
fied to  act  as  jurors  are  compiled  by  the  board  of 
county  commissioners.1  These  officers  make  up  two 
lists  of  seventy-two  names  each,  one  for  each  jury. 
When  the  lists  are  completed  they  are  turned  over  to 
the  clerk  of  the  district  court,  and  from  them  the 
juries  are  selected  in  the  presence  of  witnesses. 

On  the  second  day  of  the  term  of  court  the  judge 
orders  the  clerk  to  draw  from  the  jury  box  not  less 
than  twenty-four  names  and  not  more  than  thirty-six 
for  a  petit  jury.  After  this  has  been  done  the  clerk 
notifies  the  jurors  of  their  selection,  and,  unless  legally 
excused,  they  are  compelled  to  serve.  The  court 
also  orders  the  clerk  to  draw  as  many  extra  names 
as  will  be  necessary  to  make  juries  sufficient  to  serve 
two  weeks  each  during  the  term.  The  petit  jury  now 
being  provided  for,  we  may  proceed  with  the  trial. 

The  names  selected  by  the  clerk  are  put  in  the 
jury  box,  and  on  the  day  of  the  trial  the  clerk  draws 
names  until  the  panel,  or  jury  of  twelve  men,  is  com- 
pleted. There  is  still  the  possibility  that  both  sides 
may  challenge  the  jury  or  object,  as  allowed  by  the 
law,  to  certain  persons  drawn  as  jurors.2  As  soon 
as  the  jury  is  chosen,  (i)  the  plaintiff's  attorney  opens 

1  There  are  a  few  exceptions  to  this  statement.     Hennepin  County 
selects  135  names  for  grand  jurors,  and  250  for  petit  jurors;   Ramsey 
County,  100  for  grand  and  200  for  petit  jurors;   and  St.  Louis  County, 
400  for  both  juries.    In  these  counties,  including  Washington,  the  selec- 
tion of  jurors  is  left  to  boards  differently  constituted.      General  Statutes, 

1894,  §§  56ll»  562I>  5628- 

2  For  method  of  challenges,  see  Dunnell,  Minnesota  Trial  Book,  ch.  ii. 


Civil  Procedure  119 

the  trial  by  stating  the  issue  and  presenting  the  evi-  procedure  of 

dence;  (2)  the  defendant  through  his  attorney  pre-  the  trial 

sents  his  defence  substantiated  by  such  evidence  as 

he  can  produce ;  (3)  both  sides  then  offer  rebutting 

evidence ;  (4)  which  is  followed  by  the  arguments  of 

the  plaintiff's  and  the  defendant's  attorneys;  (5)  the 

court   charges   the   jury,   explaining   the   powers  of 

juries  and  the  law  applying  to  the  case;   (6)  after 

due  deliberation  the  jury  returns  its  verdict  in  writing 

to  the  court,  where  it  is  filed. 

The  verdict  of  the  jury  may  be  unsatisfactory  to  one 
of  the  parties ;  in  such  case  he  can  ask  for  a  new  trial,  New  trial 
which  the  court  may  grant  or  deny.  The  new  trial  will 
be  granted  providing  the  aggrieved  party  can  show 
reasons,  such  as  irregularity,  misconduct,  verdict  con- 
trary to  law  or  the  evidence,  new  evidence,  or  error 
of  law.  If  either  party  is  not  satisfied  with  the 
ruling  in  reference  to  the  new  trial,  he  may  appeal 
to  the  supreme  court.  The  party  appealing  the 
case  is  known  as  the  "appellant,"  and  the  second  Appeal, 
party  as  the  "respondent."  The  appeal  is  made  by 
the  service  of  notice  on  the  latter  and  on  the  clerk  of 
the  district  court  with  whom  the  judgment  or  verdict 
has  been  filed.  When  this  has  been  done  the  clerk 
transmits  to  the  supreme  court  a  copy  of  the  judg- 
ment, evidence,  and  the  papers  upon  which  the  verdict 
and  judgment  were  made,  which  are  then  printed.1 
The  time  for  the  filing  of  the  papers  on  appeal  is 
limited  to  six  months  after  the  entry  of  judgment. 
The  clerk  of  the  supreme  court  prepares  the  calen- 
dar, and  before  the  opening  of  the  term  the  attorneys 
must  file  with  him  their  printed  briefs.  On  the  day 

1  General  Statutes,  1894,  §§  6132-6154. 


120 


The  Administration  of  Justice 


set  for  the  hearing  the  attorneys  argue  the  case  before 
the  judges  of  the  supreme  court.  These  judges  have 
the  power  to  reverse,  affirm,  or  modify  the  judgment 
of  the  lower  court,  and  may,  if  considered  necessary, 
order  a  new  trial  in  the  district  court.  The  decision 
of  the  supreme  court  is  always  presented  in  writing, 
and  when  once  submitted  cannot  be  changed  by 
appeal  to  a  higher  tribunal,  except  in  cases  involving 
questions  in  the  jurisdiction  of  the  Federal  Govern- 
ment, which  may  be  taken  to  the  Supreme  Court  of 
the  United  States.  The  mandate  of  the  supreme 
court,  after  the  decision  has  been  reached,  is  sent 
to  the  clerk  of  the  district  court  from  which  the  case 
was  appealed,  who  notifies  the  party  against  whom 
the  judgment  has  been  rendered.  If  necessary  he 
may  issue  an  execution,  which  is  served  by  the  sheriff 
and  stands  against  the  property  of  the  defendant 
until  the  judgment  is  paid;  but  if  a  new  trial  is 
ordered  the  whole  case  is  heard  a  second  time. 


47.   CRIMINAL  PROCEDURE 

Criminal  procedure  differs  considerably  from  the 
trial  of  a  civil  case.  A  crime  is  an  offence  against  the 
law  and  dignity  of  the  State,  and  is  defined  as  an  act 
or  omission  forbidden  by  law.  It  is  punishable  by 
death,  imprisonment,  or  other  penal  discipline.1 

When  a  person  is  charged  with  the  commission  of 
a  crime  and  is  arrested  therefor,  he  must  be  informed 
at  once  of  the  cause  of  his  arrest.  The  arrest  may 
be  made  by  a  peace  officer  with  or  without  a 
warrant,  or  by  a  private  person.  Let  us  begin 

1  For  the  penal  code,  see  General  Statutes,  1894,  ch.  92. 


Criminal  Procedure  121 

with  the  arrest  by  warrant,  as  this  is  the  usual  way. 
The  complainant  appears  before  a  magistrate,  and  if 
upon  examination  it  is  shown  that  a  crime  has  been  Arrest, 
committed,  the  court  issues  a  warrant  (which  is  a 
paper  directing  the  taking  of  the  person)  for  the 
arrest  of  the  accused  person.  When  the  officer  to 
whom  the  warrant  is  addressed  takes  the  prisoner 
into  custody,  the  magistrate  may  admit  the  prisoner 
to  bail,  under  which  he  agrees  to  appear  for  examina- 
tion. If  the  offence  is  punishable  with  death  or  im- 
prisonment in  the  State  prison  for  seven  years  or 
over,  the  justice  of  the  peace  cannot  admit  him  to  bail.1 

It  is  at  the  point  of  examination  that  several  im-  Examination, 
portant  questions  arise.  As  soon  as  possible  the 
person  arrested  is  examined  by  the  magistrate, 
witnesses  are  questioned  under  oath,  and  if  it  appears 
to  the  magistrate  that  no  offence  has  been  committed 
he  discharges  the  prisoner ;  but  if  it  appears  that  an 
offence  has  been  committed,  and  there  is  probable 
cause  to  believe  the  prisoner  guilty,  the  prisoner  is 
committed  to  jail  to  await  trial.  As  has  already  been 
shown,  the  prisoner  may  be  admitted  to  bail ;  in  such 
case  he  agrees  to  appear  before  the  superior  court 
on  the  day  appointed  by  the  magistrate.  Meantime 
the  latter  sends  to  the  district  court  a  certified  copy  of 
the  examination  and  the  endorsement  "  Admitted  to 
bail." 

Sometimes    a    magistrate  delays  the   examination 
of  a  prisoner  or  makes  an  illegal  commitment.    When   Habeas 
this   is   done   the   prisoner   may   demand   a  writ  of  corPus- 
"  habeas  corpus."     There  are  few  exceptions  to  this 
right.     The  demand  may  be  made  by  the  prisoner  or 

1  General  Statutes,  1894,  §  7148. 


122 


The  Administration  of  Justice 


Presentment 
and  indict- 
ment. 


The  grand 

jury- 


person  in  his  behalf  to  the  supreme  court  or 
district  court.  This  petition  for  release  must  state 
the  reasons  for  the  demand.1  The  writ,  if  issued,  is 
addressed  to  the  officer  having  the  prisoner  in  charge, 
ordering  him  to  bring  the  person  arrested  before  the 
judge  issuing  the  writ.  Then  follows  an  examination 
similar  to  the  one  described  in  the  previous  para- 
graph, and  if  innocent  of  the  offence  the  prisoner  is 
discharged;  otherwise  he  is  either  committed  for  trial 
or  admitted  to  bail.  "  When  the  latter  appears  for 
trial  the  court  may  order  him  to  be  committed  to  the 
custody  of  the  sheriff,  to  abide  the  further  order  of 
the  court." 

The  State  constitution  provides  that  "  No  person 
shall  be  held  to  answer  for  a  criminal  offence  unless 
on  the  presentment  or  indictment  of  a  grand  jury, 
except  in  cases  of  impeachment,  or  in  cases  cogniza- 
ble by  a  justice  of  the  peace,  or  those  arising  in  the 
army  and  navy."2  Further  progress  in  the  prosecu- 
tion of  the  case  is  delayed  until  a  grand  jury  makes 
a  presentment  or  indictment  against  the  accused. 
So  we  are  confronted  by  the  query,  What  is  a  grand 
jury  ? 

"A  grand  jury  is  a  body  of  men,  not  less  than 
sixteen  nor  more  than  twenty-three  in  number,  re- 
turned at  stated  periods  from  the  citizens  of  the 
county,  before  a  court  of  competent  jurisdiction, 
chosen  by  lot,  and  sworn  to  inquire  of  public  offences 
committed  or  triable  in  the  county."  3  The  members 
of  a  grand  jury  are  chosen  from  the  list  sent  to  the 

1  General  Statutes,  1894,  §  5998. 

2  Constitution  of  Minnesota,  Art.  I.,  Sec.  7. 
8  General  Statutes,  1894,  §  7170. 


Criminal  Procedure  123 

clerk  of  the  court  by  the  county  commissioners. 
Fifteen  days  before  the  opening  of  the  term  the 
clerk  draws  from  a  box,  in  the  presence  of  the  sheriff 
and  a  judge  or  justice  of  the  peace,  the  names  of 
twenty-three  persons  to  serve  on  the  grand  jury. 
A  prisoner  held  on  a  charge  may  challenge  any  indi- 
vidual juror  for  cause,  which  he  must  show.  When 
the  jury  has  been  impanelled  the  court  appoints  one 
of  the  jurors  foreman.  After  being  sworn  the  jury 
retires  to  a  room,  elects  a  clerk,  and  begins  the  indictments 
inquiry.  It  is  declared  by  law  that  the  grand  jury  " 

must  inquire:  (i)into  the  condition  of  persons  im- 
prisoned and  not  indicted ;  (2)  into  the  management 
of  public  prisons ;  (3)  and  the  conduct  of  public 
officers  in  the  county.  This  body  of  men  deliberates 
in  secret  upon  the  offences  committed  within  the 
county.  If  the  jury  is  convinced  that  there  is 
sufficient  evidence  to  justify  the  trial  of  the  accused 
person,  it  returns  a  presentment  or  indictment.  A 
presentment  is  a  formal  accusation  made  by  a  grand 
jury  from  its  own  knowledge  or  from  evidence  which 
is  before  it.  An  indictment  is  an  accusation  drawn 
up  by  the  public  prosecutor  and  submitted  to  the 
grand  jury.  The  evidence  upon  which  the  accusa- 
tion is  based  is  then  examined,  and  if  it  appears 
insufficient  to  justify  a  trial,  the  indictment  is  en- 
dorsed "  Not  a  true  bill "  or  "  Not  found,"  and  the 
prisoner  is  released.  But  if  the  evidence  points  to 
the  probable  guilt  of  the  accused,  the  indictment  is 
endorsed  "  A  true  bill,"  and  the  accused  is  held  for 
trial.  A  majority  of  the  jury  must  concur  in  pre- 
sentments and  indictments.  It  should  be  remem- 
bered that  presentment  or  indictment  by  a  grand 


124 


The  Administration  of  Justice 


jury  does  not  convict  of  crime.  It  merely  says  that 
sufficient  evidence  has  been  brought  against  the  ac- 
cused to  justify  further  investigation  by  a  regular 
judicial  process  before  a  court. 

The  clerk  of  the  court  prepares  the  criminal  calen- 
dar which  includes  the  names  of  the  persons  indicted, 

The  trial  of  .     ,    ,          ,  111 

the  accused,  accompanied  by  the  statement  whether  they  are  in 
custody  or  on  bail.  The  trial  now  proceeds.  The 
defendant  may  move  to  have  the  indictment  set  aside. 
The  arguments  for  and  against  this  motion  are  then 
heard  ;  if  the  court  decides  the  indictment  may  be  set 
aside  the  prisoner  is  free,  otherwise  the  trial  goes  on. 
As  in  the  case  of  a  civil  action  the  defendant  charged 
with  a  crime  may  enter  a  demurrer.1  This  is  the  sec- 
ond step.  The  defendant  must  show  cause  for  the 
granting  of  the  demurrer.  The  "  motion  to  set 
aside  "  and  the  "  demurrer  "  having  been  refused,  the 
prisoner  may  plead  guilty  or  not  guilty  to  the  indict- 
ment. If  he  pleads  not  guilty,  an  issue  of  fact  arises 
which  must  be  tried  before  a  petit  jury  chosen  in  the 
same  way  as  in  a  civil  action.  At  every  step  the 
defendant  may  call  in  witnesses  to  meet  the  evidence 
of  the  prosecution. 

Sometimes  a  jury  disagrees,  in  which  case  the  court 
discharges  the  jury,  and  a  re-trial  is  ordered ;  the 
whole  matter  is  gone  over  a  second  time.  When  a 

The  verdict,  verdict  is  reached  the  clerk  records  it  on  the  minutes 
of  the  court,  and  the  judge,  if  it  is  a  verdict  of  guilty, 
then  pronounces  sentence.  The  prisoner,  however, 
may  appeal  the  case  to  the  supreme  court,  which  has 
power  to  affirm,  reverse,  or  modify  the  sentence,  or 

1  A  demurrer  is  an  objection  to  the  indictment  on  the  ground  that 
the  facts  do  not  constitute  a  sufficient  basis  for  a  legal  action. 


Criminal  Procedure  125 

order  a  new  trial.  The  proceedings  in  the  higher 
court  in  criminal  actions  are  similar  to  those  in  civil 
cases  already  described  in  the  previous  section,  with 
the  exception  that  the  State  has  no  right  to  appeal  if 
the  verdict  is  in  favor  of  the  accused  person. 

It  is  possible  for  the  parties  to  a  criminal  action  to 
secure  a  "change  of  venue,"  that  is,  a  transfer  of  the 
case  to  another  district  court  or  county  for  trial.  This  ^ehnaunege  of 
is  permitted  when  there  is  proof  that  a  fair  and  impar- 
tial trial  cannot  be  had  in  the  county  where  the  case 
is  pending.  The  court  does  not  order  a  change  of 
venue  unless  thoroughly  persuaded  that  an  impartial 
trial  is  impossible;  when  the  judge  is  so  convinced 
the  case  may  be  transferred  to  some  other  county 
within  the  State. 

It  will  be  observed  in  tracing  the  various  steps 
in  criminal  procedure  that  the  prisoner  has  many 
chances  to  prove  his  innocence.  In  fact,  the  State  is 
bound  to  prove  his  guilt.  At  no  time  in  the  progress  guards  Tf 
of  the  trial  does  the  court  take  it  for  granted  that  the  justice. 
accused  is  guilty,  but  at  all  times,  until  a  verdict  of 
guilty  is  rendered,  the  law  presumes  the  accused  to 
be  innocent.  Beginning  with  his  arrest  the  prisoner 
has  an  opportunity  at  his  examination  to  prove  his 
innocence.  If  he  fails  in  this,  or  the  examination  is 
delayed,  he  may  apply  for  a  writ  of  "habeas  corpus." 
Then  comes  the  indictment  by  the  grand  jury,  which 
the  defendant,  through  his  attorneys,  may  move  to 
set  aside.  An  argument  and  decision  must  be  made 
on  this  point  before  the  case  can  go  farther.  Again, 
the  accused  may  demur  to  the  indictment;  then,  if 
the  indictment  has  held  good,  he  has  an  opportunity 
to  plead  guilty  or  not  guilty.  From  this  point  in  the 


126  The  Administration  of  Justice 

trial  proceedings,  the  defendant  is  allowed  to  chal- 
lenge the  jury,  and  to  present  arguments  and  evi- 
dence. Even  after  the  verdict  is  announced,  there  is 
still  the  possibility  of  a  new  trial,  and  the  certainty  of 
an  appeal  to  the  supreme  court. 

Both  in  civil  and  criminal  procedure  every  safe- 
guard is  placed  about  the  rights  of  the  parties.  Par- 
ticularly is  this  true  in  the  trial  of  persons  accused  of 
crime.  We  often  hear  disparaging  remarks  concern- 
law,  ing  the  law,  but  a  knowledge  of  it  impresses  one  with 
its  greatness,  importance,  fairness,  and  wisdom.  The 
Anglo-Saxon  civil  and  criminal  procedure  is  the  re- 
sult of  centuries  of  development  and  years  of  warfare 
and  struggle.  It  is  the  bulwark  of  our  liberties,  and 
is  deserving  of  our  highest  respect,  even  though  jus- 
tice at  times  may  seem  to  miscarry  or  result  in  the 
acquittal  of  some  person  whom  the  community  believes 
to  be  guilty. 


CHAPTER   VIII 
REVENUE   AND  EXPENDITURE 

48.   REFERENCES 

Bryce,  The  American  Commonwealth,  I.  ch.  xlviii.  ;  Adams,  The 
Science  of  Finance ;  Plehn,  Introduction  to  Finance ;  Daniels,  Public 
Finance;  General  Statutes  of  Minnesota,  1894  ;  General  Laws,  1895, 
1897,  1899  (see  index);  Legislative  Manual,  1899;  Report  of  the 
Auditor  of  State,  1899. 

49.   RECEIPTS  AND  EXPENSES 

The  expense  of  the  Minnesota  State  government 
has  averaged  in  the  last  few  years  $5,250,000  per 
annum,  while  the  local  and  county  governments  have 
cost  the  people  nearly  $15,000,000.  The  disburse-  Expenses, 
ments  of  the  central  government  for  the  payment  of 
expenses  consisted  of  twenty-five  items,  among  which 
are  the  expenses  of  legislative,  executive,  and  judicial 
departments,  State  institutions,  public  schools,  boun- 
ties, grain  inspection,  national  guard  and  Spanish  war, 
drainage  commission,  and  interest  on  the  State  debt.1 
The  items  of  local  expense  vary  with  the  community, 
but  include  salaries,  the  expenses  of  roads,  lighting, 
public  buildings,  policing,  fire  protection,  and  many 
other  items. 

The  revenue  of  the  State  comes  from  the  regular 
State  tax,  railroad,  insurance,  telegraph  and  telephone 

1  Legislative  Manual,  1899,  pp.  558,  568. 
127 


128  Revenue  and  Expenditure 

Sources  of  taxes,  incorporation  fees,  interest  on  deposits,  earn- 
revenue.  jngg  Q£  State  institutions,  sale  and  lease  of  public 
lands,  royalties  on  mining  ore,  and  departmental 
earnings.1  The  resources  of  the  local  governments 
are  almost  entirely  limited  to  the  taxation  of  real  and 
personal  property,  fines,  and  licenses,  and  in  some 
cases  receipts  from  water  rates  where  the  community 
owns  the  water  plant.  The  legislature  has  thus 
clearly  stated  the  sources  of  taxation  :  — 

"  All  real  and  personal  property  in  this  State,  all 
personal  property  of  persons  residing  therein,  the 
property  of  corporations  now  existing  or  hereafter 
created,  and  the  property  of  all  banks  existing  or 
hereafter  created,  and  of  all  bankers,  except  such  as 
is  hereinafter  expressly  excepted,  is  subject  to  taxa- 
tion, and  such  property,  or  the  value  thereof,  shall  be 
entered  in  the  lists  of  taxable  property  for  that  pur- 
pose, in  the  manner  prescribed  by  this  act ;  provided, 
that  railroads,  insurance,  and  telegraph  companies 
shall  be  taxed  in  such  manner  as  now  is  or  may  be 
hereafter  fixed  by  law."  2 

50.   THE  KINDS  OF  TAXES 

The  revenues  of   the   State   are   raised,  so  far  as 

Taxes.  taxes  are  concerned,  by  the  levy  upon  personal  and 

real   property,    and   the   gross   earnings   tax   on  the 

incomes  of  railroads,  express,  insurance,  sleeping-car, 

and  telegraph   companies.     The   local   governments 

1  The  instructor  will  do  well  to  read  carefully  some  of  the  general 
works  on  finance,  so  that  a  clear  statement  of  the  methods  of  levying 
and  collecting  taxes  may  be  made  to  the  students. 

2  General  Statutes,  1894,  §  1508. 


The  Assessment  of  Property  129 

rely  upon  the  taxation  of  the  personal  and  real  prop- 
erty within  their  jurisdiction  for  their  support.  The 
first  kind  of  property  consists  of  personal  belongings, 
which  include  all  kinds  of  money,  goods,  chattels, 
effects,  evidences  of  rights  in  action,  and  all  written 
instruments  bringing  to  the  owner  an  increase  of 
income  or  evidencing  an  ownership  of  rights  or  inter- 
ests in  other  property.1  The  second  is  land  and 
houses,  and  is  defined  by  the  law  as  "  every  estate, 
interest,  and  right  in  land,  tenements,  and  heredita- 
ments."2 The  "gross  earnings  tax"  was  established 
in  1873  and  afterward  modified  in  iSQ/.8  Under 
this  law  the  various  companies  enumerated  above  are 
compelled  to  pay  into  the  State  treasury  three  per 
cent  of  their  gross  incomes,  but  the  payment  of  this 
tax  relieves  the  companies  from  all  other  taxes.4 

In  some  cases  another  tax  is  sometimes  laid.     It  is 
lawful  for  the  common  council  of  a  city  or  town  to  Poll  tax 
levy  a  local  tax,  known  as  a  poll  tax.     The  amount 
of  the  tax  is  limited  to  $2  in  any  one  year,  and  is  laid 
upon  voters  only.6 

51.   THE  ASSESSMENT  OF  PROPERTY 

Some  basis  is  necessary  for  taxation,  and  this,  in 
the  case  of  personal  and  real  property,  is  the  wealth 
held  in  such  forms.  To  ascertain  the  amount  of 

1  General  Statutes,  1894,  §  6842.  2  Ibid. 

8  General  Laws,  1873,  ch.  in,  §  I;  1897,  chs-  !59»  *6o»  309,  314. 
See  also  General  Statutes,  1894,  §§  1667,  1668. 

4  An  inheritance  tax  is  authorized  by  the  constitution,  but  the  law 
passed  a  few  years  ago  was  declared  unconstitutional  by  the  supreme 
court,  February  15,  1900. 

6  General  Statutes,  1894,  §  1105. 
K 


130 


Revenue  and  Expenditure 


Assessors.  property  owned  by  citizens  is  the  first  step;  for 
this  purpose  officers  called  assessors  are  elected  in 
townships,  and  appointed  in  villages,  towns,  and  cities 
by  the  common  councils.  In  the  townships,  the  ser- 
vice is  for  one  year  and  the  compensation  $2  per  day. 
In  the  towns,  villages,  and  cities,  the  service  is  for 
two  years  and  the  compensation  fixed  by  the  councils. 
During  May  and  June  the  assessors,  having  received 
the  books  and  blanks  from  the  county  auditors,  pass 
upon  the  property  in  their  districts.  In  odd-num- 
bered years,  both  personal  and  real  property  are 
assessed ;  in  even  years  only  the  personal  property  is 
listed. 

Exempted          The  law  exempts  certain  forms  of  property  from 

property.  taxation.  All  public  property,  such  as  public  build- 
ings, churches,  universities,  charitable  institutions, 
fire  engines,  market  houses,  town  halls,  and  public 
libraries,  are  free  of  taxes.  The  personal  property 
of  each  individual  liable  to  assessment  is  exempt 
to  an  amount  not  exceeding  $100.  The  assessor 
makes  a  note  of  these  deductions,  and  the  auditor,  in 
filling  out  the  tax  lists,  deducts  the  exemptions  from 
the  total  assessments  and  levies  the  tax  upon  the  re- 
mainder. After  the  examination  of  the  property  lists 
by  the  boards  of  review  the  assessors'  books  are 
returned  to  the  auditor. 

Complaint  of  some  kind  is  sure  to  arise  when  prop- 
erty is  assessed;    the  property  holders,  in  the  case 

Review  of       of  a  grievance,  may  appeal  to  the  boards  of  review. 

Assessments.    There  ^Q  three  dasses  of  such  boardSj  town    Qr   dty 

boards,  county  boards,  and  State  boards  of  equali- 
zation. On  the  fourth  Monday  in  June,  after  having 
given  ten  days'  notice,  the  town  board  meets  at  the 


The  Assessment  of  Property  131 

office  of  the  town  clerk  or  recorder.  This  board  con- 
sists of  the  supervisors,  assessor,  recorder,  and  presi- 
dent of  each  incorporated  village,  and  the  assessor,  The  town 
recorder,  and  mayor  of  each  city.1  At  that  time  a  board- 
review  is  made  of  the  property  list  and  assessments, 
and  if  in  the  opinion  of  the  board  any  assessment  is 
wrong  or  does  not  appear  at  all  on  the  books  of  the 
assessor,  the  board  makes  the  assessment  or  changes 
the  valuation  as  it  sees  fit.  During  its  sessions  per- 
sons who  consider  themselves  aggrieved  may  have 
their  assessments  reviewed. 

When  the  work  of  the  town  board  is  finished,  the 
assessor  makes  a  tabular  statement  of  the  property 
assessed,  together  with  the  changes  noted  by  the 
board  of  review,  and  turns  the  lists  over  to  the  county 
auditor,  accompanied  by  an  affidavit  certifying  to 
their  correctness.  All  of  this  is  accomplished  by  the 
first  Monday  of  July.  The  auditor  then  examines 
the  work  of  the  assessor  and  the  board  of  review, 
and  if  any  errors  or  omissions  are  found  notifies  the 
assessor  to  make  the  proper  assessment;  if  the 
latter  refuses  to  do  this,  the  auditor  makes  the  cor- 
rections. 

The  unequal  assessment  of  property  in  the  differ- 
ent parts  of  the  State,  due  to  the  assessors  and  differ- 
ent economic  conditions,  has  brought  into  existence 
two  other  boards  known  as  the   county   and   State  Boards  of 
boards  of  equalization.     The  first  meets  on  the  third  equal 
Monday  of  July,  and  endeavors  to  equalize  the  prop- 
erty valuations  of  the  various  towns  and  cities  inside 

1  Some  city  charters  provide  for  boards  of  equalization  ;  in  such 
case  the  membership  differs  from  those  described  above.  General 
Statutes,  1894,  §  1547. 


132  Revenue  and  Expenditure 

the  county;  its  membership  consists  of  the  county 
commissioners  and  the  auditor.1  When  the  work  of 
the  board  is  finished  the  auditor  sends  a  record  of  the 
proceedings  to  the  auditor  of  the  State.  The  second 
board,  consisting  of  the  governor,  the  State  auditor, 
attorney-general,  and  one  qualified  elector  from  each 
judicial  district,  attempts  to  do  the  same  for  the 
counties  of  the  State  that  the  county  board  does  for 
the  towns,  villages,  and  cities  in  the  county.2  In 
Duties  of  the  reference  to  their  duties  the  law  says,  "The  board 
state  board,  gj^]]  meet  annually,  on  the  first  Tuesday  in  Septem- 
ber, at  the  office  of  the  auditor  of  State,  and,  each 
member  having  taken  the  oath  prescribed  by  law, 
they  shall  examine  and  compare  the  returns  of  the 
assessments  of  the  property  in  the  several  counties 
of  the  State,  and  proceed  to  equalize  the  same,  so 
that  all  the  taxable  property  in  the  State  shall  be 
assessed  at  its  true  and  full  value."  3  The  secretary 
of  the  board,  in  other  words,  the  auditor,  sends  to  the 
county  auditors  an  abstract  of  the  State  board's  pro- 
ceedings, specifying  the  per  centum  added  to  or 
deducted  from  the  valuation  of  the  property  in  the 
towns,  villages,  cities,  and  counties  of  the  State. 

A  very  important  step  is  still  to  be  taken.  It  is 
now  necessary  to  determine  the  rate  of  taxation. 
This  brings  us  to  the  question  of  tax  levy. 

52.    THE  LEVYING  AND  COLLECTION  OF  TAXES 

The  State  tax  is  levied  by  the  legislature,  the 
county  tax  by  the  county  commissioners,  the  vil- 

1  General  Statutes,  1894,  §  1552.  2  See  Appendix  L. 

8  General  Statutes,  1894,  §  1555. 


The  Levying  and  Collection  of  Taxes         133 

lage  or  city  tax  by  the  common  council,  and  the  town 

tax  by  the  town  meeting.     The  taxes  voted  by  towns, 

cities,  and  villages  must  be  certified  to  the  county 

auditors  before  the  tenth   day  of   October  in  each 

year.     The  total  of  these  estimates  of  funds  neces-  Estimate  of 

sary  for  the  different  governmental  organizations  of  l 

the  State  is   the  amount   to   be  raised  by  taxation. 

Knowing   the   value   of   assessed   property  and  the 

various  amounts  desired  by  the  State,  county,  city, 

and  township,  the  auditor  is  able  to  ascertain  the 

total  tax  rate  ;  but  the  officers  of  the  local  government 

are  prevented  by  legislative  act  from  levying  too  high 

taxes  upon  the  property  of  the  people. 

The  general  act  of  1895,  providing  for  the  govern- 
ment of  cities,  institutes  a  somewhat  more  elaborate 
machinery  for  the  levy  of  taxes  and  the  determina- 
tion of  the  rate.1  Under  this  law  two  committees 
have  to  do  with  the  tax  levy.  The  conference  com-  City  boards 
mittee,  consisting  of  the  president  of  the  council,  the 
head  of  each  board  and  of  each  department  of  the 
city  government,  meets  in  September  of  each  year 
and  forms  an  estimate  of  the  necessities  of  each 
department,  and  presents  to  the  board  of  tax  levy 
a  report  of  the  estimated  expenses  for  the  ensuing 
year.  The  second  committee,  called  the  tax  levy 
board,  is  made  up  of  the  mayor,  the  president  of  the 
council,  and  the  comptroller.  This  board  fixes  a 
maximum  rate  of  taxation ;  the  reports  of  both  com- 
mittees are  sent  to  the  council,  but  this  body  (how- 
ever it  may  alter  the  estimates),  cannot  change 
the  maximum  rate  established  by  the  board.  When 
the  rates  are  determined  by  the  local  governments, 

*  General  Laws,  1895,  ch.  8,  §§  104,  105. 


134 


Revenue  and  Expenditure 


The  coiiec- 
tion  of  taxes. 


Personal 
property 
taxes. 


Real  prop- 
erty taxes. 


the  county  auditors  make  out  the  lists,  and  by 
January  I  deliver  them  to  the  county  treasurers  for 
collection. 

The  statutes  designate  the  county  treasurer  as 
the  receiver  and  collector  of  all  taxes.1  On  receiv- 
^  the  tax  lists  f  rom  the  coimty  auditor  the  treas- 

urer notifies  the  community  of  the  rate  and  the 
amount  due,  either  through  the  columns  of  a  news- 
paper or  by  special  notices  mailed  to  each  taxpayer 
in  the  county.  All  taxes  are  due  on  January  i.  The 
county  treasurers  do  not  collect  the  gross  earnings 
tax;  their  duty  is  limited  to  the  real  and  personal 
property  taxes.  The  personalty  tax  is  payable,  with- 
out penalty,  until  the  first  day  of  March,  when  a 
penalty  of  ten  per  cent  is  added.  On  the  first  day 
of  April  the  treasurer  is  authorized  to  make  a  list 
of  the  delinquent  personal  taxes,  and  send  the  same, 
certified,  to  the  clerk  of  the  district  court.  This 
officer  then  issues  warrants  to  the  sheriff  of  the  county 
giving  him  power  to  seize  the  property,  and  if  the 
taxes  are  not  paid  within  ten  days  to  sell  it  at  auction. 
If  the  owner  redeems  the  property  before  it  is  sold 
he  must  pay  the  taxes,  penalty,  and  costs  before  it 
is  returned  to  him. 

The  real  estate  taxes  may  be  paid  in  two  equal 
instalments.  The  payment  of  the  first  half  may  be 
delayed  until  May  31,  but  on  June  I  a  penalty  of  ten 
per  cent  of  the  whole  tax,  if  this  first  half  is  not  paid 
at  that  time,  is  added.  The  second  half  is  due  Octo- 
ber 31.  If  it  is  not  paid  by  November  i,  an  addi- 
tional ten  per  cent  increases  the  taxpayer's  burden. 
The  whole  tax  becomes  delinquent  on  January  I 


1  General  Statutes,  1894,  §  1563. 


The  Levying  and  Collection  of  Taxes        135 

following,  when  a  third  penalty  is  added,  this  time 
of  five  per  cent.  If  the  tax  and  penalties  remain  un- 
paid until  the  ist  of  May,  the  property  is  then  sold. 
After  the  sale  the  amount  of  the  judgment  draws 
interest  at  the  rate  of  one  per  cent  a  month.  The 
owner  of  the  property  is  allowed  three  years  in  which 
to  redeem  his  property,  but  in  case  he  does  this  he 
must  pay  the  judgment  and  the  interest  at  the  rate 
mentioned  above.  At  the  end  of  the  three  years 
the  auditor  of  the  county  publishes  for  three  weeks 
in  one  of  the  county  papers  the  statement  that  the 
redemption  period  is  closing.  If  the  owners  of 
delinquent  property  do  not  then  appear  and  pay  the 
judgment,  the  purchasers  receive  a  tax  title  to  the 
land. 

So  much  for  delinquent  personal  and  real  estate 
taxes.  The  treasurer,  having  collected  the  taxes,  must 
now  account  to  the  county  auditor  for  the  moneys 
received.  On  the  last  days  of  February,  May,  and 
October,  the  treasurer  makes  with  the  auditor  a  full  Settlement  of 
settlement  of  his  receipts  and  collections  for  all 
purposes.  The  auditor  in  turn  sends  an  abstract  of 
the  finances  to  the  State  auditor,  and  also  keeps  an 
account  of  the  funds  due  the  State,  county,  cities, 
townships,  and  school  districts.  Upon  the  request 
of  any  or  all  of  these  bodies  he  gives  to  them  or 
their  representatives  an  order  on  the  county  treas- 
urer. The  treasurer,  after  the  days  of  settlement, 
pays  over  to  the  local  governments  the  amounts  due 
them.1 

The  State,  however,  has  not  yet  received  the  taxes 
from  the  railroad,  telephone,  telegraph,  sleeping-car, 

1  General  Statutes,  1894,  §§  1576,  1577. 


136 


Revenue  and  Expenditure 


The  gross 
earnings  tax. 


Checks  on 
the  expendi- 
ture of 
money. 


express,  and  freight  companies.1  We  turn,  therefore, 
to  the  work  of  the  State  treasurer,  who  is  authorized 
by  a  State  law  to  collect  a  three  per  cent  tax  on 
the  gross  earnings  of  transportation,  telegraph,  and 
telephone  companies.  This  tax  becomes  due  on  the 
first  day  of  March,  and  is  enforced  in  case  of  non- 
payment by  severe  methods.  When  the  tax  is  delin- 
quent the  State  treasurer  adds  a  penalty  of  twenty-five 
per  cent.  Sometimes  a  company  refuses  to  make  a 
declaration  concerning  its  gross  earnings  ;  in  such  case 
the  treasurer  fixes  the  amount  according  to  the  informa- 
tion he  possesses  of  the  business  of  the  road,  adding  to 
the  tax  a  penalty  of  twenty-five  per  cent.  The  railroad 
reports  are  due  February  i.  About  one-fifth  of  the 
State's  income  is  derived  from  the  gross  earnings  tax. 

53.   THE  EXPENDITURE  OF  PUBLIC  MONEY 

To  give  a  government  power  to  collect  money  and 
place  no  restrictions  upon  the  expenditure  of  it 
would  have  been  unlike  the  framers  of  American 
constitutions.  In  every  State,  and  Minnesota  is  no 
exception  to  the  rule,  an  elaborate  system  of  law 
has  been  built  up  to  restrain  the  extravagance 
of  public  officers.  Thus,  in  the  case  of  the  State, 
the  constitution  limits  the  public  debt  for  defray- 
ing extraordinary  expenditures  to  $250,000  in  the 
aggregate.  This,  however,  is  a  slight  precau- 
tion, but  all  money  expenditures  must  be  made  by 
appropriation  bill  alone.2  In  the  expenditure  of  the 

1  Constitution  of  Minnesota,  Art.  IV.,  Sec.  32.  General  Statutes^ 
1894,  §  1676.  General  Laws,  1873,  ch.  in,  §  I;  1897,  chs-  I59>  '66, 
309,  314;  1899,  chs.  185,  317. 

a  Constitution  of  Minnesota,  Art.  IV.,  Sec.  12. 


The  Expenditure  of  Public  Money  137 

State's  money  the  legislature  has  provided  an  elabo- 
rate system  of  bookkeeping.  Thus  all  bills  and 
obligations  against  the  State  are  presented  to  the 
auditor,  who  issues  an  order  on  the  treasurer,  retain- 
ing a  copy.  The  treasurer  in  turn  is  required  to 
make  out  a  daily  statement  of  the  condition  of  the 
State's  moneys  and  present  it  to  the  auditor,  so  that 
the  accounts  of  the  two  officers  must  be  the  same. 
The  system  is  seen  also  in  the  local  governments.  The 
county  auditors  and  treasurers,  the  city  comptrollers 
and  treasurers,  and  the  town  clerks  and  treasurers 
stand  in  the  same  relations  to  each  other.  In  the 
county  the  commissioners  appropriate  the  money, 
in  the  city  and  village  the  council,  and  in  the  town- 
ship the  town  meeting.  The  legislature  of  the 
State,  as  the  creator  of  these  local  bodies,  has 
restricted  their  expenditure  of  money. 

In  the  expenditure  of  the  money  belonging  to  the 
county,  the  commissioners  are  limited  in  two  ways,  county  com- 
In  the  first  place  the  legislature  has  placed  a  limit 
upon  the  amount  of  the  tax  levy,  so  that  it  is 
impossible  to  tax  the  property  holders  more  than 
a  certain  amount,  and  if  the  officers  of  a  county, 
village,  township,  or  city  make  a  contract  to  in- 
crease their  obligations  beyond  the  amount  of  money 
produced  by  their  maximum  tax  rate,  such  debts 
are  null  and  void.1  The  second  restriction  placed 
upon  the  county  commissioners  is  in  the  issuance 
of  bonds.  Whenever  such  an  issue  is  made  it 
must  be  done  with  the  consent  of  two-thirds  of 
the  electors. 

In  the  cities  and  villages  the  power  of  regulating 

1  General  Statutes,  1894,  §  1639. 


138 


Revenue  and  Expenditure 


Local 

government 
powers  in 
money 
matters. 


City  expen- 
ditures. 


money  matters  rests  with  the  council.  This  body 
votes  appropriations,  but  within  the  income  of  the 
city  or  village.  A  limit,  usually  five  per  cent  of  the 
total  valuation  of  the  property  in  the  town  or  city, 
is  placed  upon  the  making  of  debts  without  the  con- 
sent of  the  electors.  It  is,  therefore,  impossible  for  a 
municipal  organization  to  burden  itself  with  debt 
unless  by  its  own  consent.  In  the  township  money 
matters  rest  entirely  with  the  town  meeting,  but 
bonds  cannot  be  voted  except  with  the  consent  of 
two-thirds  of  the  electors  of  the  township. 

Under  charter  forms  of  government  some  general 
restrictions  are  placed  by  the  legislature  upon  the 
extension  of  city  debts.  No  appropriations  of  money 
can  be  made  by  a  municipal  council  without  a  two- 
thirds  vote ;  in  the  issue  of  bonds  a  three-fourths 
vote  must  sustain  the  issue,  and  even  then  the  ques- 
tion must  be  submitted  to  the  people,  who  must 
ratify  the  issue  by  a  two-thirds  vote  before  the 
bonds  can  be  sold.  A  limit  has  been  placed  upon 
the  total  indebtedness  of  a  city,  but  the  indebted- 
ness may  be  increased  beyond  the  five  per  cent 
limit  upon  the  total  valuation  of  property  by  the 
consent  of  two-thirds  of  the  electors  voting.  A 
number  of  local  bodies,  such  as  school  boards,  park 
commissioners,  and  library  boards,  may  issue  bonds 
under  certain  conditions. 

These  restrictions,  sometimes  harassing,  are  neces- 
sary for  the  protection  of  the  taxpayer.  Governments 
are  so  complicated  that  unrestricted  expenditures 
would  mean  extravagances  and  increased  burdens 
of  taxation.  To  prevent  this  the  legislature  has 
enacted  the  laws  mentioned  above. 


CHAPTER  IX 

EDUCATION 

54.    REFERENCES 

Black  mar,  The  History  of  State  and  Federal  Aid  to  Education, 
295-7 ;  Hyde,  Minnesota  School  Laws  ;  General  Statutes,  \  894,  ch.  36 ; 
General  Laws,  1899,  chs.  101,  352,  354  ;  Farmers'  Institute  Annual, 
1899  ;  Reports  of  the  Superintendents  of  Public  Instruction;  Minne- 
apolis Times,  August  20,  1899. 

55.   THE  GROWTH  OF  THE  SCHOOL  SYSTEM 

The  history  of  education  in  Minnesota  has  been 
uneventful.  Unlike  Michigan  and  Wisconsin,  the 
State  has  never  been  compelled  to  litigate  the  ques- 
tion of  public  support  to  high  schools,  so  that  the  sys- 
tem has  grown  steadily  from  its  inception.  The 
framers  of  the  constitution  accepted  thoroughly  the 
idea  of  popular  education,  going  so  far  as  to  make  The  history 
a  positive  declaration  concerning  the  duty  of  the 
legislature  to  establish  a  general  and  uniform  sys- 
tem of  public  schools.1  In  the  act  organizing  the 
Territory  of  Minnesota,  the  school  system  of  the 
future  State  was  kept  constantly  in  view.  By  that 
act  the  basis  of  the  present  fund  was,  laid,  amounting 
to  $11,822,145  at  the  end  of  the  school  year  1898.2 

1  Constitution  of  Minnesota,  Art.  VIII.,  Sec.  I. 
*  Legislative  Manual,  1899,  p.  261. 

139 


140  Education 

Congress  very  generously  voted  two  sections  in  each 
township  in  the  Territory  for  school  purposes,  thus 
endowing  the  public  school.1  With  this  heritage  the 
Territory  had  but  little  to  do;  it  has  only  been  in 
more  recent  years  that  the  State  has  sold  the  lands 
to  advantage.  The  preliminary  organization  of  the 
schools,  however,  rested  with  the  legislature. 

Almost  the  first  act  of  the  territorial  legislature  was 
to  establish  common  schools.  In  November  of 
1849  sucn  a  system  was  devised,  making  a  township 
in  which  five  or  more  families  were  living  a  school 
district.  The  township  district  was  changed  in  1851 

districts  ^or  the  Present  sch°°l  district.  This  method  of 
organization  was  far  from  satisfactory  to  the  grow- 
ing towns  of  St.  Paul,  Minneapolis,  Winona,  Stillwater, 
and  others,  so  that  they  requested  the  legislature,  at 
different  times,  to  make  these  cities  special  school 
districts.  This,  however,  led  to  some  abuses,  and  in 
1865  the  legislature  established  a  third  type  of 
school  district,  now  called  the  independent  district. 
Here  and  there  in  the  State  special  and  indepen- 

High  dent  districts  established  high  schools.     Great  diffi- 

schoois.  culty  was  found  in  the  newer  communities  in 
sustaining  these  forms  of  higher  education.  The 
State  therefore  considered  it  advisable  to  extend  aid, 
which  it  did  for  the  first  time  in  1881.  Since  then 
this  high  school  act  has  been  much  modified,  as  will 
be  seen  in  a  later  paragraph. 

Regarding  the  high  school  as  the  second  link,  the 

schools1  third  one  in  the  State  educational  system  is  the  nor- 
mal school.  The  framers  of  the  constitution  recog- 
nized the  necessity  of  specially  trained  teachers.  In 

1  Act  organizing  the  Territory  of  Minnesota,  Sec.  18,  Appendix  G. 


The  Organization  of  the  School  System      141 

1858  provision  was  made  for  the  location  and  estab- 
lishment of  three  normal  schools,  a  fourth  one  was 
created  in  1885  and  established  at  Moorhead,  and  a 
fifth  at  Duluth  in  1895.  The  three  earliest  schools 
did  not  really  get  well  established  until  1870. 

The  University  is  the  crown  of  the  entire  school  sys- 
tem. It  was  established  by  legislative  enactment  as 
early  as  1851,  but  was  reorganized  in  1860,  1864,  and  TheUni- 
1868.  In  the  first  year  mentioned,  Congress  granted  versity- 
to  the  Territory  two  townships  of  land  for  the  use  and 
support  of  a  university.  A  school  was  organized  in 
1851,  which  was  continued  until  1854 ;  two  years  later 
the  title  passed  out  of  the  hands  of  the  regents.  It 
was  in  1854  that  the  present  site  was  secured.  The 
old  stone  building  was  completed  in  1858,  but  the 
vicissitudes  of  the  University  were  so  great  that  finally, 
in  1864,  the  legislature  appointed  a  committee,  con- 
sisting of  John  S.  Pillsbury,  John  Nichols,  and  O.  C. 
Merriman,  to  pay  the  debts  and  sell  the  building  and 
lands.  Through  the  tact  and  energy  of  these  men  the 
University  was  saved.  In  1867  a  preparatory  school 
was  opened,  but  another  reorganization  was  necessary 
before  the  institution  was  fairly  started.  The  act  of 
1868  created  a  governing  body  of  nine  regents  and 
established  five  collegiate  departments.  Dr.  William 
W.  Folwell  was  chosen  president  in  1869.  He 
was  succeeded  in  1884  by  the  present  president, 
Dr.  Cyrus  Northrop. 

56.   THE  ORGANIZATION  OF  THE  SCHOOL  SYSTEM 

Three  forms  of  school  districts  are  now  established 
by  the  law.     These  are  the  common,  independent, 


142  Education 

School  and  special  districts.  All  are  bodies  corporate,  pos- 
sessing the  power  to  sue  and  be  sued,  and  the  right 
to  make  contracts.  In  the  use  of  these  powers  the 
districts  differ  very  considerably.  We  shall  therefore 
examine  them  in  order. 

The  common  school  district  is  an  area  of  territory 
including  less  than  five  hundred  people.  When  a 
Common  majority  of  the  freeholders  who  are  legal  voters 
schools.  make  known  by  a  petition  to  the  county  commis- 
sioners their  desire  to  have  a  school  district  in  a 
particular  part  of  a  county,  the  commissioners  grant 
the  request  upon  the  approval  of  the  county  superin- 
tendent of  schools.  The  organization  of  the  district 
rests  with  the  district  meeting.  This  as  a  usual  thing 
is  held  once  a  year,  the  time  set  by  statute  being  the 
third  Saturday  in  July.  At  this  time  the  meeting 
determines  the  length  of  the  school  year,  the  amount 
of  the  tax,  the  site  of  the  schoolhouse,  and  elects 
officers.  The  officers  in  the  case  of  the  common  dis- 
trict are  a  director,  a  treasurer,  and  a  clerk,  elected  for 
a  period  of  one  year.  This  board  controls  the  school 
affairs  of  the  district,  and  hires  and  pays  teachers. 
Such  a  school  board  may  issue  bonds  for  school  pur- 
poses upon  the  consent  of  two-thirds  of  the  voters 
present  at  the  annual  meeting. 

independent  The  independent  district  is  not  as  democratic  in  its 
districts.  organization  as  the  one  just  referred  to.  Its  affairs 
are  in  the  hands  of  a  board  of  education  consisting  of 
six  men  elected  by  the  people.  The  board  has  power 
to  erect  school  buildings  and  to  issue  bonds  when  au- 
thorized to  do  so  by  the  people.  It  controls  directly 
the  election  of  the  superintendent,  the  question  of 
grades,  the  selection  of  teachers,  and  the  regulation  of 


The  Organization  of  the  School  System        143 

the  schools.  The  board  did  have,  at  one  time,  the 
power  to  appoint  commissioners  to  examine  candi- 
dates for  teachers'  certificates,  but  that  power  now 
rests  with  the  State  superintendent  of  public  instruc- 
tion and  the  county  superintendent.1 

Owing  to  the  large  population  in  the  cities,  a  third 
form  of  district  has  been  created,  called  a  "  special  dis-  Special 
trict."  The  general  school  laws  do  not  appear  to  be  dlstncts- 
sufficient  to  meet  all  the  questions  that  come  up  in  the 
management  of  city  schools,  and,  in  consequence,  the 
legislature  has  established,  in  the  cities  of  St.  Paul, 
Minneapolis,  Duluth,  Winona,  and  other  towns,  boards 
of  education  with  wider  powers.  There  is  no  special 
uniformity  in  their  organization.  The  usual  powers 
found  in  the  independent  school  district  are  retained, 
with  other  features  added.  The  electors  in  the  spe- 
cial districts  select,  at  the  regular  city  election,  from 
two  to  four  members  of  the  board  of  education  for  a 
term  of  two  or  three  years.  The  powers  conferred 
upon  the  boards  render  the  office  an  important  and 
responsible  one.2 

It  is  under  the  direction  of  the  boards  in  the  school 
districts  that  the  schools  are  graded  and  grouped  into 
primary,  graded,  and  high  schools.     An  elaborate  sys-  Grading  of 
tern  of  control   and   direction  has  been  built  up  in  s 
order  to  keep  the  work  uniform  and  even,  but  this 
must  be  left  for   consideration   in   another   section. 
Meantime,  our  inquiry  brings  us  to  another  important 
matter,  the  support  of  the  schools. 

1  General  Laws,  1899,  chs.  IOI,  354. 

2  In  1898  there  were  6415  common,  151  independent,  and  25  special 
districts.     In  these  were  enrolled  324,650  pupils. 


144  Education 

57.   THE  SUPPORT  OF  THE  SCHOOLS 

The  money  necessary  for  the  support  of  the  public 
schools  comes  from  two  sources,  —  interest  on  the 

School  funds,  school  fund  and  taxation.  As  already  noted,  Congress 
gave  to  the  Territory  of  Minnesota  two  sections  in  each 
township  for  school  purposes.  By  judicious  sales  a 
fund  amounting  to  nearly  $12,000,000  has  been  built 
up.  The  fund  is  composed  of  receipts  from  the  land 
sales,  sale  of  timber,  mineral  leases,  and  royalties  on 
iron  ore.1  The  proceeds  from  these  various  sources 
are  invested  in  bonds,  or  loaned  to  counties  and  school 
districts  to  be  used  in  the  erection  of  county  or  school 
buildings.  The  income  is  distributed  to  the  various 
counties  in  proportion  to  the  number  of  scholars  en- 
rolled. The  second  source  is  taxation  in  the  form  of 
state,  county,  and  special  taxes. 

There  is  annually  levied  upon  all  the  taxable  prop- 
erty of  the  State  a  tax  of  one  mill  on  the  dollar. 
This  is  known  as  the  "  one  mill  school  tax,"  and  the 

School  taxes,  collections  from  this  source  are  added  to  the  income 
from  the  school  fund.  The  total,  amounting  to  over 
$  i, 000,000,  is  distributed  by  the  State  auditor  to  the 
different  counties.  As  a  further  provision  for  the 
support  of  the  schools,  a  tax  of  one  mill  is  levied  in 
the  counties.  This  is  paid  into  the  county  treasury 
(as  are  all  local  taxes),  and  returned  in  the  final  settle- 
ment to  the  districts  from  which  it  is  collected. 
Usually  the  apportionment  from  the  State  fund  and 
the  local  tax  are  not  sufficient  to  meet  the  school 
%  expenses,  so  a  third  tax  is  levied  called  a  special 
school  tax.  The  needs  of  the  district  cause  the  last 

1  Legislative  Manual,  1899,  p.  560. 


The  Support  of  the  Schools  145 

tax  to  vary  a  great  deal.  The  amount  of  the  State 
and  local  tax  is  fixed  by  law,  but  the  special  tax  rate 
is  determined  by  the  school  meeting  in  the  common 
districts,  and  by  the  boards  of  education  in  the  inde- 
pendent and  special  districts.  The  expenses  of  the 
normal  schools,  teachers'  institutes,  training  schools, 
and  the  department  of  public  instruction  are  met  by 
appropriations  granted  by  the  legislature. 

The  University,  like  the  public  schools,  was  en- 
dowed with  a  gift  of  land  by  the  Enabling  Act.  Con- 
gress had  made  one  grant  of  two  townships  in  1851,  TheUniver- 
but  this  had  been  lost  in  an  effort  to  found  a  univer- 
sity,  so  in  the  enabling  act  a  second  grant  was  made. 
Again,  in  1862,  Congress,  by  the  Agricultural  Land 
Grant  Act  gave  each  State  a  quantity  of  land  for  a 
mechanical  and  agricultural  college.  This  grant,  in 
1868,  was  turned  over  to  the  regents  of  the  Univer- 
sity. From  the  sale  of  these  lands  a  permanent  uni- 
versity fund  has  been  created,  amounting,  in  1898,  to 
$1,202,893.  There  still  remains  to  be  sold  46,936 
acres  of  land  belonging  to  the  original  grants.  In 
addition  to  the  interest  from  the  permanent  fund,  the 
University  receives  $2 5,000  annually  from  the  govern- 
ment of  the  United  States,  the  proceeds  from  the 
$s  mill  tax  on  the  property  in  the  State,  fees  from 
the  students,  and  the  proceeds  from  the  sale  of  the 
products  of  the  University  farm.  The  legislature 
appropriates  from  year  to  year  $60,000  to  $70,000 
for  repairs  and  new  buildings.  It  is  well  equipped 
with  buildings,  now  numbering  thirty.  The  income 
of  the  University  at  present  is  about  $380,000. 


146 


Education 


Division 
of  the 
schools. 


The  rural 
school. 


Aids  to  rural 
schools. 


58.   ADMINISTRATION  OF  THE  SCHOOL  SYSTEM 

For  the  purpose  of  proper  management  the  school 
system  is  divided  into  three  parts :  the  public  schools, 
normal  schools,  and  the  University.  The  first  of 
these  groups  is  again  subdivided  into  rural,  State 
graded,  and  State  high  schools.  The  rural  school  is  the 
common  school  found  throughout  the  State  in  the 
agricultural  districts.  A  board  of  three  persons 
elected  by  the  school  meeting  hires  the  teacher  and 
conducts  the  financial  affairs  of  the  district.  In  each 
county  there  are  a  number  of  such  schools,  in  which 
from  twenty  to  forty  pupils  are  instructed  in  the  ele- 
ments of  education.  To  keep  these  in  touch  and  at 
the  same  time  maintain  a  certain  standard  of  effi- 
ciency an  officer,  called  the  county  superintendent,  is 
elected  in  each  county  every  two  years.  His  duty  is 
to  examine  and  license  teachers,  under  the  direction 
of  the  State  department  of  public  instruction,  visit 
and  inspect  the  schools  of  the  county,  and  give  such 
advice  as  is  needed.1  He  also  conducts  each  year  a 
county  institute,  and  makes  an  annual  report  to  the 
State  superintendent  of  public  instruction  and  the 
county  auditor.  The  latter  report  finally  finds  its 
way  to  the  State  auditor,  and  is  the  basis  of  the  distri- 
bution of  the  school  fund  to  that  county. 

To  encourage  the  development  of  the  rural  schools 
the  legislature,  in  1 899,  passed  an  act  granting  yearly 
to  such  schools  as  meet  certain  requirements  the  sum 
of  $75.  In  order  to  secure  this  bonus  the  school 
trustees  must  provide  for  eight  months  of  school,  a 
school  building  and  library,  and  hire  a  teacher  who 

1  See  p.  149,  and  General  Laws,  1899,  ch.  10. 


Administration  of  the  School  System         147 

has  a  first-class  certificate.1  When  the  schools  in  a 
county  have  complied  with  the  regulations,  applica- 
tion is  made  to  the  county  superintendent,  who  certi- 
fies to  the  correctness  of  the  application.  The  papers 
are  then  sent  to  the  State  superintendent,  who  makes 
the  apportionment  in  accordance  with  the  law. 

It  is  seldom  that  a  school  reaches  the  dignity  of  a  Semi-graded 
graded  school  until  it  is  organized  as  an  independent  s2f0|^.aded 
district.  There  is  no  demand  in  a  rural  community 
for  a  graded  school,  but  a  population  of  five  hundred 
or  over  in  the  district  makes  it  desirable  to  grade  the 
pupils.  An  organization  of  this  kind  requires  a 
larger  expenditure  of  time  and  money.  It  is  usually 
necessary  to  have  a  special  superintendent  to  look 
after  the  interests  of  the  schools,  and  to  employ  a 
larger  number  of  teachers.  The  independent  and 
special  districts  are  not,  therefore,  subject  to  the 
direct  supervision  of  the  county  superintendent.  The 
legislature,  recognizing  the  good  work  done  by  the 
graded  schools,  made  provision  for  State  aid.  But 
there  are  some  schools  only  partially  graded ;  to  these, 
if  they  have  eight  months  of  school,  two  departments, 
at  least  one  teacher  with  a  first  grade  certificate, 
buildings,  and  a  small  library,  $100  is  granted  annu- 
ally. The  application  is  made  in  the  same  way  as  in 
the  case  of  the  rural  schools.  The  fully  graded 
schools  receive  $200  a  year,  but  the  requirements  are 
very  much  greater.  It  is  necessary  for  them  to  have 
nine  months  of  school,  four  departments  (the  princi- 
pal being  a  college  graduate),  buildings,  library,  and 
a  regular  course  of  study. 

The  ambition  of   every  high  school  is  to  become 

1  General  Laws,  1899,  ch.  352. 


I48 


Education 


State  high 
schools. 


a  State  high  school.  The  legislature  early  recog- 
nized that  the  expense  of  conducting  a  first-class  high 
school  rests  heavily  upon  a  small  and  energetic  com- 
munity. In  1 88 1  an  act  was  passed  to  meet  this 
difficulty.  The  legislature  of  1899,  however,  sur- 
passed all  records,  and  provided  generously  for  State 
aid  to  high  schools.  Under  this  act,  if  a  high  school 
maintains  regular  courses  admitting  to  the  Univer- 
sity, nine  months  of  school,  charges  no  tuition,  and 
has  proper  buildings  and  a  library,  it  may  receive 
from  the  State  the  sum  of  $800  annually.  Such  aid 
is  limited  to  five  schools  in  the  same  county.  These 
schools  are  always  open  to  the  visits  of  the  high 
school  inspector,  and  are  subject  to  the  regulations 
of  the  high  school  board.  The  application  for  aid  is 
made  to  the  latter  body. 

Possibly  the  most  important  part  of  the  machinery 
school  board.  of  tne  pUbHc  schools  is  the  high  school  board.  The  law 
first  provided  for  this  board  in  1878,  but  the  present 
membership  was  established  in  iSSi.1  The  opening 
paragraph  of  the  law  reads,  "  The  governor,  super- 
intendent of  public  instruction,  and  the  president 
of  the  University  of  Minnesota,  ex  officio,  are  hereby 
constituted  a  board  of  commissioners  on  preparatory 
schools  for  the  encouragement  of  higher  education  in 
this  State."  This  board  is  given  great  discretionary 
power  in  the  regulation  of  the  schools  receiving  State 
aid.  The  board  also  causes  to  be  visited  each  school 
receiving  aid  from  the  State.  Two  inspectors  are 
employed  for  this  purpose,  one  with  the  title  of 
Inspector  of  State  High  Schools,  the  other  with  the 


The  high 


1  General  Statutes,  1878,  II. 
ch.  144,  §  I. 


ch.  36,  §  155.     General  Laws,  1881, 


Administration  of  the  School  System        149 

title  of  Inspector  of  State  Graded  Schools.  The 
recommendations  made  by  these  officers  from  time 
to  time  have  been  extremely  helpful  in  making  the 
school  system  more  uniform.  Under  the  authority 
of  the  board,  examinations  on  the  various  subjects 
pursued  in  a  high  school  are  given  twice  a  year. 
The  papers  are  submitted  to  the  examiner  of  the 
board  and  marked.  The  pupils  receive  cards  for  each 
subject  in  which  they  pass ;  these,  as  far  as  they  go, 
are  prima  facie  evidence  that  the  requirements  for 
admission  to  the  University  have  been  met. 

The  head  of  the  public  school  system  is  the  super-  Superintend- 
intendent  of  public  instruction,  who  is  appointed  by  p°*b^  in_ 
the  governor  for  a  term  of  two  years.1     His  duties  stmction. 
are  numerous ;   among  these  are  meetings  with  the 
county  superintendents  of  congressional  districts,  the 
organization  of  training  schools  and  teachers'  insti- 
tutes, the  preparation  of  blanks  for  school  reports, 
the  holding  of  examinations  for  teaching  certificates, 
and  the  presentation  of  an  annual  report  showing  the 
number  of  pupils  in  the  schools,  the  condition  of  the 
public  schools,  the  amount  of  the  school  fund  and 
how  distributed,  and  such  other  matters  as  relate  to 
his  work.2     The  State  superintendent  is,  by  virtue  of 
his  office,  a  member  of  the  high  school  board,  the 
normal  school  board,  and  the  University  regents. 

The  law  of   1899  (Ch.   101)  has  placed  an  addi- 
tional burden  upon  the  State  superintendent.     The 
irregularities  in  the  granting  of  teachers'  certificates  Teachers' 
demanded  some  adjustment,  and  the  law  just  referred  certificate. 
to  attempts  to  obviate  the  difficulty  by  placing  the 

1  Appendix  L. 

8  General  Statutes,  1894,  §  3724. 


150  Education 

granting  of  certificates  jointly  in  the  hands  of  the 
State  and  county  superintendents.  Five  different  cer- 
tificates may  now  be  issued.  The  State  superintend- 
ent issues  two  forms  of  first-grade  certificates,  both 
for  a  period  of  five  years,  one  upon  examination,  the 
other  without.  Examinations  are  held  twice  a  year 
in  every  county,  the  papers  for  the  State  examinations 
being  sent  to  the  State  superintendent  for  marking. 
In  the  cases  where  a  high  grade  of  scholarship  is 
shown  and  the  candidates  have  taught  for  eight 
months,  the  certificates  are  issued  for  five  years,  pro- 
vided the  county  superintendents  can  vouch  for  the 
character  of  the  candidates.  The  other  first-grade 
certificate  is  given  to  persons  who  have  taught  five 
years  in  the  State  and  are  recommended  by  a  board 
of  education  and  a  city  or  county  superintendent 
A  second-grade  certificate  is  issued  under  the  same 
conditions,  except  that  it  is  for  a  term  of  two  years 
and  after  an  experience  of  five  months  in  teaching. 
These  certificates  are  good  in  any  county  of  the 
State. 
Certificates  The  other  two  certificates  are  issued  by  the  county 

issued  by  the  superintendents.  One  is  called  a  limited  second- 
county  super-  . 
intendent.  grade  certificate,  and  the  other  a  third-grade  certifi- 
cate. The  second-grade  certificate  is  issued  to  those 
who  have  passed  successfully  the  State  examinations, 
but  who  have  never  taught.  Such  a  certificate  is 
good  for  one  year  in  the  county  in  which  it  is  issued. 
The  third  grade  is  issued  by  the  county  superintend- 
ent upon  his  own  examination,  but  is  good  only  in 
a  single  district  in  the  county.  The  law  forbids  the 
county  superintendent  to  issue  this  certificate  to  the 
same  person  more  than  twice.  The  object  of  the  law 


Normal  Schools  151 

is  to  secure  better  qualified  teachers ;  that  it  will  do 
this  cannot  be  doubted. 


59.   NORMAL  SCHOOLS 

This  grade  of  schools  was  established  to  educate  and 
prepare  teachers  for  work  in  the  public  schools  of  the 
State.  Various  acts  of  the  legislature  have  created 
five  schools  in  which  are  maintained  three  different 
courses  of  study  —  an  elementary  course,  an  advanced 
course  for  high  school  teachers,  and  a  professional  Courses- 
course  equivalent  to  about  two  years'  work  in  the 
University.  In  addition  to  these  courses  instruction  in 
kindergarten  methods  is  given.  Each  of  the  schools 
maintains  a  model  school  for  purposes  of  demon- 
strating practically  the  work  of  scientific  teaching. 
The  attendance  has  been  large  during  the  last  ten 
years.1 

The  management  of  the  normal  schools  is  in  the 
control  of  a  board  of  nine  persons  appointed  by  the  The  board, 
governor.  The  term  of  office  is  four  years.  The  law 
describes  the  powers  of  the  board  as  follows :  "  The 
State  normal  school  board  shall  have  the  general 
supervision,  management,  and  control  of  the  State 
normal  schools,  and  of  all  property,  real  and  personal, 
thereto  appertaining.  They  are  hereby  authorized  and 
empowered  to  contract  for  the  erection  of  all  buildings 
connected  with  the  schools  under  their  charge,  to 
appoint  all  professors  and  teachers  in  said  schools, 
and  to  fix  the  salaries  of  the  same."  2  The  board  is 
also  given  the  power  to  prescribe  and  regulate  the 

1  Legislative  Manual,  1899,  pp.  290-297. 

2  General  Statute,  §  3839. 


152  Education 

courses  and  conditions  of  admission.  At  the  end  of 
each  year  a  report  is  made  to  the  governor,  setting 
forth  the  condition  of  each  school.  At  the  head 
of  each  school  is  a  president,  who  manages  its  af- 
fairs so  far  as  instruction  and  discipline  are  con- 
cerned. 

60.   THE  UNIVERSITY 

In  another  paragraph  of  this  chapter  the  early  his- 
tory of  this  institution  was  briefly  described,  so  that 
the  organization  and  government  alone  will  be  the 
subject  of  this  section.  The  amended  acts  of  1868 
and  1872,  as  well  as  later  ones,  provided  for  the 
establishment  of  five  or  more  colleges  in  the  Univer- 
De  artments  s^  °^  Minnesota.  At  the  present  time  there  are 
and  degrees,  colleges  of  science,  literature  and  the  arts,  mechani- 
cal engineering,  medicine,  dentistry,  law,  agriculture, 
schools  of  mines  and  chemistry,  and  a  graduate  de- 
partment. From  these  schools  and  colleges  the 
degrees  of  bachelor  of  arts,  science,  literature,  agri- 
culture, engineering,  and  law  are  given  upon  the 
completion  of  undergraduate  work.  Other  degrees, 
such  as  doctor  of  medicine,  master  of  arts,  and  doctor 
of  philosophy,  are  awarded  to  candidates  completing 
advanced  courses.  The  University  does  not  confer 
any  honorary  degrees. 

A  close  relation  exists  between  the  University  and 
the  public  schools.     It  is  the  ultimate  goal  toward 
Relation  of     which  the  courses  of  study  in  the  public  schools  lead, 
schools  to       The  high  schools  act  as  feeders  to  the  higher  institu- 
versity."         tution.     Recognizing  the  desirability  of  such  a  rela- 
tion, the  entrance  requirements  to  the  University  are 
made  the  basis  of  much  of  the  high  school  work.     A 


The  University  153 

system  of  accredited  schools  has  been  created,  so  that 
a  pupil  from  a  high  school  which  has  been  inspected 
and  approved  may  be  admitted  to  the  University  upon 
presentation  of  his  diploma.  Such  schools  as  are  not 
accredited  may  secure  credits  for  their  students  by  the 
presentation  of  State  high  school  board  examination 
certificates  to  the  University  authorities.1 

The  government  of  the  University  is  vested  in  a 
board  of  twelve  regents,  of  which  the  governor,  the  The  board  of 
State  superintendent  of  public  instruction,  and  the  regents- 
president  of  the  University  are  ex  officio  members. 
The  remaining  nine  members  are  appointed  by  the 
governor  for  a  term  of  six  years.  Because  of  the 
great  services  of  Hon.  John  S.  Pillsbury  to  the  Uni- 
versity, he  was  made  a  life  regent,  thus  increasing  the 
board  to  thirteen  during  his  lifetime.  This  body 
elects  from  its  members  a  president  of  the  board,  a 
treasurer,  and  a  recording  secretary.  The  last  two 
need  not  be  members  of  the  board.  The  president 
of  the  board  and  the  treasurer  give  bonds  to  the  State 
of  Minnesota  in  the  sums  of  $50,000  each  for  the 
faithful  performance  of  their  duties. 

The  regents  have  power  to  enact  by-laws  for  the 
government  of  the  University,  to  elect  a  president, 
the  requisite  number  of  professors,  instructors,  officers,  Powers, 
and  employees,  fix  salaries,  regulate  the  courses  of 
study,  confer  degrees,  hold  property,  and  dispose  of 
the  same.  The  regents  also  have  charge  of  the 
agricultural  farms  and  experimental  stations  estab- 
lished under  congressional  grants.  The  president  of 
the  University  holds  his  office  during  the  pleasure  of 
the  board.  The  administration  of  the  affairs  of  the 

1  See  State  high  school  board,  p.  148. 


154 


Education 


The  geolog- 
ical 
survey. 


institution  rests  with  him.  Two  reports  are  required 
from  him,  one  to  the  regents,  the  other  to  the  super- 
intendent of  public  instruction. 

In  1872  the  legislature  provided  for  a  geological 
and  natural  history  survey  of  the  State.  The  direc- 
tion of  this  undertaking  was  left  in  the  hands  of  the 
regents.  Funds  were  to  be  provided  by  the  sale  of 
the  "  salt  lands "  transferred  to  the  regents.  The 
purpose  of  the  survey  was  to  secure  a  complete 
account  of  the  animal,  mineral,  and  vegetable  king- 
doms in  the  State.  Reports  of  the  work  done  were 
authorized,  and  these  have  appeared  from  time  to 
time  in  quarto  volumes. 


Farmers' 
institutes. 


61.    FARMERS'    INSTITUTES,  FREE   TEXT-BOOKS,  AND 
LIBRARIES 

There  have  grown  up  in  the  Minnesota  system  of 
education  a  number  of  features  which  cannot  be 
treated  within  any  orderly  scheme,  such  as  the 
farmers'  institutes,  school  libraries,  and  free  text- 
books. It  is  necessary,  therefore,  to  consider  these  in 
a  paragraph  by  themselves.  The  farmers'  institutes 
are  a  most  interesting  part  of  the  educational  work. 
Since  1891  the  legislature  has  made  an  annual  grant 
of  $10,000  for  their  maintenance.  The  object  is  to 
disseminate  practical  knowledge  upon  questions  per- 
taining to  agriculture,  horticulture,  stock,  and  dairy 
farming  with  the  least  expense  and  inconvenience  to 
the  people  of  the  State.  The  administration  of  the 
system  is  intrusted  to  a  board  consisting  of  two 
regents  of  the  University,  the  director  of  the  experi- 
mental station,  and  the  presidents  of  the  State 


Institutes,  Free  Text-books,  and  Libraries     155 

Agricultural  Society,  State  Dairy  Society,  and  the 
Horticultural  Society.  The  members  hold  office  for 
three  years  and  are  given  power  to  employ  a  super- 
intendent of  institutes.  This  officer  has  charge  of 
the  institute  programmes,  the  securing  of  instructors, 
and  the  publication  of  the  Farmers'  Institute  Annual. 
He  also  makes  a  report  of  the  attendance,  character 
of  the  work,  and  expenses  to  the  administrative 
board.1  The  work  of  the  institutes  has  been  very 
helpful  to  the  farmers  of  the  State,  and  must  pro- 
duce great  results  in  a  few  years.  The  first  act  in 
relation  to  the  institutes  was  passed  in  1887;  since 
that  time  it  is  required  that  at  least  forty  such  insti- 
tutes must  be  held  each  year. 

The  State  legislature  has  never  deemed  it  wise  to 
undertake  the  publication  of  free  text-books,  although 
bills  for  that  purpose  have  been  introduced  from 

time  to  time.     Nevertheless,  an  act  was  passed  as 

.  i    i       •  .  11  Free  text- 

early   as    1887,    and   since   amended,   giving  school  books. 

districts  the  power  to  make  contracts  with  publishers 
with  the  expectation  of  loaning  books  free  of  charge, 
or  selling  them  at  cost.  In  this  law  there  are  two  or 
three  steps  to  be  noted.  First,  the  act  provides  for 
the  filing  with  the  superintendent  of  public  instruc- 
tion of  lists  of  books  and  the  lowest  prices  at  which 
the  publishers  are  willing  to  sell  them  to  any  board  of 
school  trustees  in  the  State.2  Copies  of  the  books 
listed  must  be  deposited  in  the  office  of  the  depart- 
ment of  public  instruction.  The  second  step  rests 
with  the  superintendent  of  public  instruction,  who, 
after  receiving  the  lists  and  the  copies  of  the  book, 

1  Legislative  Manual,  1899,  pp.  340-342. 

2  Curryer  vs.  Merrill,  25  Minn.  I. 


156 


Education 


Travelling 
libraries. 


sends  a  certified  pricelist  to  the  clerk  of  each  com- 
mon school  district.  The  final  step  is  determined  by 
the  legal  voters  of  the  district.  Five  or  more  legal 
voters  may  petition  the  trustees  to  submit  the  ques- 
tion of  free  text-books  to  a  vote.  After  ten  days' 
notice  a  meeting  may  be  held  to  decide  the  question. 
If  a  majority  vote  in  favor  of  free  text-books,  it  is  the 
duty  of  the  trustees  to  provide  for  the  same.  The 
legislature  enacted  that  contracts  might  be  made  with 
publishers  for  periods  of  from  three  to  five  years.1 

For  the  purpose  of  encouraging  school  libraries 
the  legislature  appropriated,  in  1887,  the  sum  of 
$10,000,  which  was  to  be  distributed  as  follows :  The 
presidents  of  the  normal  schools  and  the  superintend- 
ent of  public  instruction  were  directed  to  select  a 
suitable  list  of  books  for  use  in  schools.  When  this 
was  done  they  were  to  advertise  for  bids  on  the 
books  and  to  make  a  contract  with  the  publishers  for 
a  term  of  two  years.  When  any  school  district 
purchases  all  or  part  of  the  books  noted  on  the  list 
and  provides  for  their  care,  the  State  auditor,  upon 
the  recommendation  of  the  county  superintendent  to 
the  superintendent  of  public  instruction,  shall  issue  a 
warrant  for  not  more  than  $20  for  the  first  statement, 
$15  for  the  second,  and  $5  for  each  subsequent  state- 
ment.2 Each  school  may  receive  from  the  State  only 
one  payment  in  each  year. 

The  crowning  act  of  the  legislature  in  rounding 
out  and  completing  the  educational  system  of  the 
State  was  the  creation  of  travelling  libraries.  By  an 
act  passed  in  1899  a  commission  of  five  persons  was 
created,  consisting  of  the  president  of  the  University, 

1  General  Statutes,  1894,  §§  3896-3901.  2  Ibid.,  §  3716. 


Institutes ',  Free  Text-books,  and  Libraries      157 

the  superintendent  of  public  instruction,  the  secretary 
of  the  Minnesota  Historical  Society,  and  two  mem- 
bers appointed  by  the  governor  for  six  years.1  The 
board  is  to  buy  books  and  provide  for  their  circula- 
tion throughout  the  State.  The  legislature  appro- 
priated $5000  annually  for  this  purpose. 

It  will  thus  be  seen  that  Minnesota  has  a  remarkably 
well-developed  system  of  public  education.  This  sys- 
tem provides  not  merely  for  instruction  in  the  school-  Conclusion, 
room,  but  comprises  also  institutes,  school  libraries, 
and  circulating  libraries.  The  machinery  is  now  well 
organized  ;  time  alone  is  needed  for  the  full  growth  of 
the  educational  work. 

General  Laws,  1899,  ch.  353. 


CHAPTER   X 
THE   PROTECTION    OF   THE   STATE 

62.    REFERENCES 

General  Statutes,  1894,  ch.  35  ;  General  Laws,  1897,  cn-  II^»  1899, 
ch.  231  ;  Legislative  Manual,  1899  (Index);  Reports  of  the  Adjutant 
General  and  of  the  Superintendents  of  Institutions  in  the  Executive 
Documents  published  every  two  years  by  the  State. 

63.   THE  PROBLEMS 

The  commonwealth  of  Minnesota  is  a  part  of 
society  united  politically,  industrially,  and  socially. 
The  whole  study  of  this  book  has  been  given  over  to 
the  political  side  of  this  organization;  nevertheless, 
the  industrial  and  social  functions  of  the  common- 
wealth are  just  as  important  as  the  political,  although 
left  more  to  the  individual,  who  arranges  his  industrial 
and  social  relations  to  suit  himself.  So  long  as  the 
actions  of  the  individual  are  not  contrary  to  law,  there 
is  no  interference  on  the  part  of  society.  But  among 
Social  every  people  exist  certain  persons  who  refuse  to  con- 

ciasses.  form  to  the  laws  of  society.  These  must  be  prevented 
from  interfering  with  the  property  and  the  affairs 
of  the  law-abiding.  Then  there  are  others  who, 
through  misfortune,  have  become  paupers,  or  others, 
defective  by  birth  or  other  causes,  who  need  protec- 
tion, so  that  the  State  finds  it  necessary  to  help  them. 
Sometimes  a  body  of  citizens,  feeling  that  they  have 

158 


The  Problems  159 

been  wronged,  usually  in  some  industrial  affair,  break 
out  in  revolt  against  the  government  and  refuse  to 
await  the  action  of  the  courts,  preferring  to  take  the 
law  into  their  own  hands.  Such  an  act  requires  the 
use  of  force.  This  necessitates  the  existence  of  a  body 
of  militia  to  prevent  the  infraction  of  law  by  force  of 
arms.  Another  reason  for  the  existence  of  the  militia 
is  the  need  of  a  national  body  of  citizen  soldiery  for 
use  in  any  emergency,  State  or  national.  Thus  it  will 
be  seen  that  the  State  has  two  problems  before  it  in 
protecting  society ;  the  first  and  larger  is  correctional 
and  charitable  in  its  character,  the  second,  military. 
The  first  question  deals  with  the  housing  of  depend- 
ents, the  care  of  defectives,  the  reform  of  youthful 
offenders,  and  the  imprisonment  of  criminals.  The 
State  has  recognized  fully  its  duty  in  reference  to 
these  four  classes,  and  in  consequence  a  number  of 

.  Classification 

institutions  have  been   created   to   meet   this   need,  ofinstitu- 
These  may  be  grouped  as  follows: —  tions- 

CHARITABLE   AND    CORRECTIONAL    INSTITUTIONS 

I.    Dependents. 

1.  School  for  Dependent  and  Neglected  Chil- 

dren. 

2.  Soldiers'  Home. 
II.    Defectives. 

1.  Insane  Asylums. 

2.  Deaf,  Dumb,  and  Blind  Institutes. 

III.  Youthful  Offenders. 

1.  State  Reform  School. 

2.  The  State  Reformatory. 

IV.  Criminals. 

i.   State  Penitentiary. 


i6o 


The  Protection  of  the  State 


Organized 
militia. 


The  second  problem  involves  the  maintenance  of 
order  under  all  circumstances.  To  some  degree  this 
The  militia,  requires  a  military  force.  The  unorganized  militia 
consists  of  all  male  persons  between  the  ages  of 
twenty-one  and  forty-five  who  are  residing  in  the 
State. 

The  organized  militia  is  composed  of  companies 
and  regiments  formed  under  the  authority  of  the 
United  States  and  of  the  State.  The  governor  of  the 
State  may  call  out  the  State  militia,  and  the  Presi- 
dent of  the  United  States  the  entire  national  guard 
for  three  causes,  — to  execute  the  laws  of  the  State  or 
the  United  States,  to  suppress  insurrections,  or  to 
repel  invasions.  The  Constitution  of  the  United 
States  gives  Congress  the  authority  to  provide  for 
the  organization  of  militia  in  the  different  States.1 
In  order  to  encourage  the  States  to  organize  militia, 
an  appropriation  is  made  by  Congress  which  is  dis- 
tributed among  the  different  States  in  proportion  to 
the  men  enlisted.  The  legislature  also  makes  pro- 
vision for  the  militia,  but  even  with  this  financial  aid 
the  members  of  the  militia  often  find  it  necessary  to 
contribute  to  the  support  of  their  respective  companies. 
In  some  of  the  States  naval  reserves  are  organized. 
This  force  stands  in  the  same  relation  to  the  navy 
that  the  militia  does  to  the  army. 

The  two  problems  of  protection,  which  are  quite 
as  important  as  those  of  education,  are  before  us,  and 
we  shall  consider  them  in  the  following  order :  chari- 
table and  correctional  institutions,  the  militia,  and 
naval  reserves. 


1  Constitution  of  the  United  States,  Art.  II.,  Sec.  8,  and  Art.  II., 
Sec.  2. 


Charitable  Institutions  161 

64.   CHARITABLE  INSTITUTIONS 

The  inmates  of  these  institutions  are  to  be  distin- 
guished from  those  in  the  correctional  institutions.  Dependents. 
They  are  here  because  of  misfortune  or  inability  to 
maintain  themselves  in  the  outside  world.  As  shown 
in  a  previous  paragraph,  there  are  two  groups,  one 
for  dependents,  the  other  for  defectives.  There  are 
only  two  institutions  for  dependents,  the  School  for 
Dependent  and  Neglected  Children,  and  the  Soldiers' 
Home. 

The  School  for  Dependent  and  Neglected  Children 
is  situated  in  the  city  of  Owatonna  and  was  established  Sch°o1  for 
there  in  1885.  In  the  following  year  the  school  was  and 
opened  for  the  reception  of  children.  The  permanent 
buildings  are  eleven  in  number  and  comprise  an  ad- 
ministration building,  a  schoolhouse,  heating  plant, 
seven  cottages,  hospital,  and  barns.  The  total  cost 
of  the  property  was  $203,743.  The  object  of  the 
institution  is  to  provide  a  temporary  home  for  the 
dependent  and  neglected  children  of  the  State.1  The 
plan  of  administration  embodies  the  features  of  a 
home  life.  The  children  are  divided  into  families 
numbering  from  twenty  to  thirty  members.  Each 
family  occupies  a  separate  cottage  and  is  in  charge 
of  a  competent  woman.  The  county  commissioners 
of  each  county  are  authorized  by  the  State  law  to 
send  dependent  or  neglected  children  to  the  home 
after  an  examination  before  the  judges  of  probate.  In 
this  way  the  State  keeps  in  touch  with  all  its  parts, 
and  is  able  to  carry  out  the  benevolent  purpose  of 
the  school. 

1  Legislative  Manual,  1899,  pp.  309-310. 
M 


1 62 


The  Protection  of  the  State 


The  Soldiers' 
Home. 


The  Soldiers'  Home  was  established  by  legislative 
act  in  1887.  It  was  located  near  the  historic  Minne- 
haha  Falls.  The  object  of  the  home  is  to  provide  a 
refuge  for  all  honorably  discharged  soldiers,  sailors, 
and  marines  who  served  in  the  wars  of  the  nation, 
and  who  are  not  able  to  earn  their  living  and  have  no 
adequate  means  of  support.  The  property  owned  by 
the  State  for  this  purpose  consists  of  fifty  acres  of 
land  and  nine  permanent  buildings.  The  cottage 
system  is  followed  as  the  best  method  of  housing  and 
maintaining  discipline.  The  expenses  of  the  home  are 
met  by  the  "home  support  fund,"  which  consists  of 

(1)  moneys  transferred  from  the  soldiers'  relief  fund, 

(2)  the  annual  payment  by  the  United  States  govern- 
ment of  $100  for  each  inmate,  (3)  payments  by  pen- 
sioned inmates  of  all  moneys  received  by  them  from 
the  government  over  and  above  the  sum  of  four  dollars 
a  month. 

The  management  of  the  home  is  vested  in  seven 
trustees,  who  are  appointed  by  the  governor  for  a 
term  of  six  years.  This  board  is  non-partisan ;  no 
more  than  four  can  be  of  the  same  party.  The  com- 
mander of  the  home  is  selected  by  the  trustees. 

The  State  has  three  insane  hospitals,  situated  at 
St.  Peter,  Fergus  Falls,  and  Rochester.  By  the  legis- 
lative act  of  April  15,  1899,  two  asylums  were  estab- 
lished at  Anoka  and  Hastings,  which  will  be  built 
during  the  year.1  January  i,  1899,  there  were  3357 
persons  in  the  insane  hospitals.  The  cost  of  main- 
taining them,  together  with  the  expenses  of  adminis- 
tration, was  about  $i,ooo,ooo.2 

1  General  Laws,  1899,  ch.  230. 

2  Legislative  Manual,  1899,  p.  300. 


Correctional  Institutions  163 

The  control  of  the  asylums  and  all  the  matters 
pertaining  to  them  is  in  the  hands  of  a  board  of  five 
trustees  appointed   by  the  governor.     The   term  of  mentby 
office  is  three  years.     It  is  their  duty  to  examine  the  trustees- 
condition  of  the  institutions,  to  ascertain  their  needs, 
and  regulate  the  expenditures.     The  board  appoints 
the  superintendents  of  the  asylums  under  its  care. 

At  Faribault  are  situated  the  institutions  for  the 
defectives.  These  consist  of  schools  for  the  deaf 
and  dumb,  blind,  and  feeble-minded.  The  legislature 
as  early  as  1858  made  provision  for  a  State  insti-  institute  for 
tute  for  defectives.  The  school,  however,  was  not 
opened  until  1863.  The  first  building  was  erected 
five  years  later.  As  the  school  grew  in  size  the 
difficulties  in  training  the  blind  and  deaf  and  dumb 
together  grew  more  and  more  apparent.  To  obviate 
this  the  legislature  established  three  separate  schools 
now  known  as  the  schools  for  the  deaf  and  dumb, 
blind,  and  feeble-minded.  Each  school  is  governed, 
so  far  as  instruction  and  discipline  are  concerned, 
by  a  superintendent  and  assistants.  The  business 
affairs  of  the  schools,  the  matter  of  buildings,  and  the 
employment  of  officers  are  in  the  hands  of  a  board 
consisting  of  the  governor,  five  other  persons  ap- 
pointed by  him,  and  the  superintendent  of  public 
instruction. 


65.   CORRECTIONAL  INSTITUTIONS 

The  problem  of  the  State  under  this  head  is  a 
defensive  and  correctional  one.  The  individuals  with 
whom  it  deals  are  not  defectives,  but  are  breakers  of 
the  law.  In  order  to  meet  the  problem  of  offenders 


tion^  inStitU" 


1  64  The  Protection  of  the  State 

against  the  law,  the  State  has  established  three  institu- 

tions> two  of  which  are  for  y°uthful  offenders.  One 
of  these,  the  State  training  school  at  Red  Wing,  is  for 
boys  and  girls  under  sixteen  years  of  age.  The 
second,  the  State  reformatory  at  St.  Cloud,  is  for  boys 
and  men  between  the  ages  of  sixteen  and  thirty. 
The  third  institution,  the  penitentiary  at  Stillwater,  is 
the  State's  prison  for  criminals. 

The  Minnesota  State  training  school  was  estab- 
lished at  St.  Paul  in  1866.  The  crowded  condition 
°f  tne  institution  and  its  nearness  to  the  city  com- 
pelled its  removal  to  Red  Wing  in  1895.  The  object 
of  the  school  is  to  train  incorrigible  children  and 
youthful  offenders.  The  school  is  organized  on  the 
open  family  plan.  The  families  are  graded  accord- 
ing to  the  age  of  the  children,  and  are  in  charge  of 
a  manager,  teacher,  and  housekeeper.  The  boys  are 
taught  trades  and  the  girls  are  given  instruction  in 
housework.  A  State  agent  of  the  school  finds  homes 
for  the  children  in  the  various  parts  of  the  State.  A 
board  of  three  persons,  appointed  by  the  governor 
for  a  period  of  six  years,  has  general  control  of  the 
school's  affairs.  The  cost  of  the  buildings  constructed 
at  Red  Wing  up  to  1899  was  $307,000.  The  expense 
of  maintenance  is  $165  per  child. 

Immediately  between  the  State  School  and  the 
State  prison  is  the  reformatory.  Boys  and  young 
men  between  the  ages  of  sixteen  and  thirty,  never 
before  convicted  of  a  crime,  are  sent  here  for  reforma- 
tion. The  reformatory  is  situated  at  St.  Cloud,  where 
it  was  established  in  1887.  The  object  of  the  institu- 
tion is  to  place  first  offenders  under  such  discipline 
and  education  as  will  enable  them  to  form  habits  and 


Correctional  Institutions  165 

character  suitable  to  meet  the  problems  of  honest 
self-support.  The  men  who  are  sentenced  to  the 
reformatory  do  not  enter  the  institution  for  any 
definite  time,  but  are  retained  until  reformation  is 
strongly  probable.  When  allowed  to  leave  the  in- 
stitution the  release  is  not  final,  but  such  persons, 
after  a  period  of  good  conduct,  may  be  paroled. 
The  paroled  prisoner  must  report  to  the  prison 
authorities  for  a  period  of  several  months.  The 
reformatory  is  under  the  control  of  a  non-partisan 
board  of  six  men.  One  member  of  the  board  is 
appointed  each  year  by  the  governor.  The  board 
elects  the  superintendent,  who  appoints  his  subor- 
dinates. In  the  training  of  the  men  and  boys  an 
effort  is  made  to  teach  them  some  useful  trade 
before  they  leave  the  institution.  On  this  point  the 
superintendent  says,  "  Eighty  per  cent  of  the  inmates 
are  growing  boys,  sixteen  to  twenty-four  years  old, 
hearty  eaters  and  hard  on  clothes,  and,  as  they  come 
without  trades  and  are  mostly  undisciplined  to  labor 
or  otherwise,  and  as  soon  as  fitted  go  out  for  them- 
selves again,  their  cost  to  the  State  is  much  more 
than  their  earning  capacity.  The  object  is  reforma- 
tion, and  if  that  is  accomplished  and  due  economy 
exercised,  the  State  is  well  served." 1 

The  State  prison  was  the  second  institution  pro- 
vided after  the  organization  of  the  Territory.  The 
buildings  of  the  prison  were  begun  in  1851.  Since  State  prison, 
that  time  the  prison  has  been  entirely  rebuilt.  The 
shops  alone  now  number  seven.  The  following  quota- 
tion depicts  clearly  the  workings  of  the  prison  sys- 
tem :  "  The  discipline  and  management  of  the  prison 

1  Legislative  Manual,  1899,  p.  313. 


1 66 


The  Protection  of  the  State 


Employment 
of  prisoners. 


Board  of 
pardons. 


is  equal  to  the  best  in  the  country ;  every  feature  of 
advanced  penal  management  is  in  full  operation,  the 
State  laws  allowing  diminution  of  sentence  term  for 
good  conduct.  An  evening  school  is  conducted  for 
the  benefit  of  inmates  -eight  months  in  the  year,  a 
Chautauqua  circle  is  well  attended  by  the  inmates, 
and  a  well-organized  choir  of  inmates  furnishes  music 
for  Sunday  services  and  holiday  entertainments.  The 
Prison  Mirror,  a  weekly  newspaper,  is  published  and 
edited  by  the  inmates,  who  have  full  control.  The 
prison  has  a  well-selected  library  of  five  thousand 
volumes,  which  are  freely  circulated  among  the  pris- 
oners. The  parole  and  grading  systems,  which  have 
been  in  operation  for  seven  years,  are  satisfactory.  .  .  . 
The  paroled  prisoner  is  looked  after  by  a  State  agent, 
whose  duty  it  is  to  assist  the  discharged  prisoner  in 
securing  employment  and  to  have  a  watchful  care 
that  the  conditions  of  parole  are  not  violated." l 

The  inmates  of  the  prison  are  employed  in  a  num- 
ber of  industries.  These  are  the  making  of  binding 
twine,  school  supplies,  and  the  manufacture  of  shoes. 
The  profits  to  the  State  from  the  business  done  have 
been  something  like  $20,000  a  year.  The  affairs  of 
the  prison  are  very  largely  in  the  hands  of  a  board  of 
prison  managers.  The  members  are  five  in  number, 
serving  for  terms  of  five  years.  The  board  appoints 
the  warden  without  term. 

In  connection  with  the  State  prison,  the  legislature 
thought  it  necessary  to  establish  a  board  of  pardons, 
which  was  done  in  1 897.2  Previous  to  the  passage 
of  this  law,  the  power  of  releasing  prisoners  rested 


1  Legislative  Manual,  1899,  P-  3*4- 

2  General  Laws,  1897,  c^*  23« 


The  Board  of  Charities  and  Corrections       167 

entirely  with  the  governor.  The  new  board  consists 
of  the  governor,  the  chief  justice  of  the  supreme 
court,  and  the  attorney  general.  The  power  to  grant 
pardons  and  to  commute  the  sentence  of  any  person 
convicted  of  any  offence  against  the  laws  of  this  State 
now  rests  with  this  board.  Regular  meetings  are 
held  on  the  second  Mondays  of  January,  April,  and 
July,  at  which  time  written  applications  for  pardons 
are  made.  A  majority  of  the  board  determines  the 
fate  of  the  applicant. 

66.   THE  BOARD  OF  CHARITIES  AND 
CORRECTIONS 

A  general  board  of  supervision  was  created  in  1883, 
to  act  as  a  sort  of  check  upon  the  managements  of 
the  various  charitable  and  correctional  institutions. 
The  board  consists  of  six  persons,  not  more  than  Membership. 
three  of  whom  shall  be  from  the  same  political  party. 
No  compensation,  beyond  expenses,  is  given  to  the 
members  of  the  board.  Two  members  are  appointed 
each  year  for  three  years.  The  secretary  of  the  board, 
a  most  important  officer,  is  appointed  without  term. 

In  the  law  itself,  the  duties  of  the  board  are  defined 
as  follows  :  "  To  investigate  the  whole  system  of  pub- 
lic charities  and  correctional  institutions  of  the  State ; 
examine  into  the  condition  and  management  thereof, 
especially  of  prisons,  jails,  infirmaries,  public  hospi- 
tals, and  asylums  ;  and  to  secure  accuracy,  uniformity 
and  completeness  in  statistics  of  such  institutions,  the 
board  may  prescribe  such  forms  of  report  and  regis-  Duties, 
tration  as  they  may  deem  essential,  and  all  plans  of 
new  jails,  lock-ups,  and  infirmaries  shall,  before  the 


1 68  The  Protection  of  the  State 

adoption  of  the  same  by  the  county  authorities,  be 
submitted  to  the  board  for  criticisms  and  suggestions. 
The  governor,  in  his  discretion,  may,  at  any  time, 
order  an  investigation  by  the  board,  or  by  a  committee 
of  its  members,  of  the  management  of  any  penal, 
reformatory,  or  charitable  institution  of  the  State." 
The  board  also  makes  a  report  to  the  legislature 
biennially.  In  the  report  are  set  forth  the  expenses, 
and  the  condition  of  the  State  institutions,  together 
with  such  suggestions  as  may  seem  desirable. 
Cost  of  The  State  spent  during  1896-98  the  sum  of 

institutions.  $2,829,723  for  the  support  of  the  charitable  and 
correctional  institutions.  The  number  of  inmates 
at  the  time  was  5671,  which  made  one  inmate  to 
every  306  people  in  the  State.  The  cost  of  main- 
tenance per  inhabitant  was  $1.63.  These  are  rather 
remarkable  figures.  Compared  with  1880,  it  means 
a  decided  increase  in  number  of  inmates  and  expense 
of  management.  The  work  of  the  board,  nevertheless, 
has  been  particularly  helpful  in  securing  uniform 
prison  conditions  throughout  the  State. 

67.   THE  MILITIA 

The  military  problem  of  the  State,  such  as  it  is, 
remains  to  be  considered.  The  Spanish  War  dis- 
turbed very  considerably  the  national  guard  organi- 
zation existing  in  the  various  commonwealths.  This 
was  particularly  true  of  Minnesota,  for  the  enlistment 
of  the  militia  in  the  volunteer  army  of  the  United 
States  nearly  wiped  out  the  militia  organization  for 
the  time  being.  The  military  code  of  the  State,  as 
already  pointed  out,  declares  that  all  able-bodied 


The  Militia  169 

persons  between  the  ages  of  twenty-one  and  forty- 
five  are  subject  to  military  duty,1  and  the  assessors 
are  instructed  to  enroll  all  such  persons  within 
their  districts.  Two  lists  are  made  out,  one  of  unorganized 
which  is  sent  to  the  city  or  town  clerk,  the  other  mihtia- 
to  the  county  auditor.  The  latter  officer  corrects 
the  list  and  sends  it  to  the  adjutant  general. 
There  are  some  exemptions  from  service,  thus,  (i) 
all  persons  exempted  by  the  laws  of  the  United 
States ;  (2)  persons  in  the  army,  navy,  or  volunteer 
service  of  the  United  States;  (3)  ministers  of  the 
gospel ;  (4)  Indians  not  taxed,  idiots,  lunatics,  and 
persons  who  have  been  convicted  of  an  infamous 
crime  are  free  of  military  duty.  In  time  of  war 
the  adjutant  general  may  use  the  lists  prepared  by  the 
assessors  for  drafting  purposes.  This  officer  is  the  cus-  Adjutant 
todian  of  all  records,  books,  papers,  and  accounts  of  eeneral- 
the  military  department  of  the  State.  He  has  a  gen- 
eral supervision  over  the  military  stores,  and  performs 
all  other  duties  required  of  him  by  the  commander- 
in-chief.  The  adjutant  general  is  also  the  claim  agent 
against  the  United  States  government  for  all  persons 
who  have  claims  for  pensions,  back  pay,  bounties,  or 
other  compensation  arising  during  the  Civil  War. 

The  national  guard  in  time  of  peace  consists,  to 
quote  the  statute,  of  the  commander-in-chief  and 
staff,  three  regiments  of  infantry  and  one  battalion 
of  artillery,  formed  into  one  brigade,  and  one  medical 
corps.  The  brigade  consists  of  one  brigadier  general 
and  staff,  three  regiments  of  infantry,  and  one  battal- 
ion of  artillery.  The  organization  of  the  brigade  may 
be  seen  in  the  following  diagram  :  — 

1  Military  code,  General  Laws,  1897,  ch-  II8- 


The  Protection  of  the  State 

f         3         J        2-3        f        2-5        f       26-56 
Brio-ade  J  ^eS^ments  1   Battalions  1  Companies  1      Privates 

i  Battalion  of  Artillery  j   4  Companies 

In  time  of  war  the  commander-in-chief  has  power  to 
increase  the  force,  and  to  organize  and  equip  it  as  the 
exigencies  of  the  case  may  require. 

Enlistments  in  the  national  guard  are  made  for 
a  period  of  three  years.  The  recruits  sign  a  muster- 
roll  and  an  enlistment  paper,  the  latter  containing  an 
oath  of  allegiance  to  the  State  and  the  United  States. 
Reenlistments  may  be  made  for  a  shorter  term. 
Each  year  the  various  companies  are  mobilized  at 
some  convenient  point  for  regimental  or  brigade 
manoeuvres.  At  such  times  the  privates  receive  a 
compensation  of  $1.50  per  day.  From  this  is  deducted 
the  sum  of  fifty  cents  for  sustenance,  but  the  State 
furnishes  food,  transportation,  and  tents.  The  officers 
receive  a  higher  compensation,  the  maximum  being 
$2.25  per  day.  In  actual  service,  so  long  as  they 
are  under  the  authority  of  the  State,  the  pay  of 
privates  is  $2.00  per  day,  while  the  officers  receive 
the  same  compensation  as  officers  of  similar  rank  in 
the  army  of  the  United  States. 

The  military  code  provides  a  series  of  courts  for 
the  trial  of  charges  and  offences  against  military  law 
and  custom.  These  courts  are :  — 

(1)  Courts  of  inquiry 

(2)  General  courts  martial 

(3)  Regimental  courts  martial 

(4)  Summary  courts  {<«)  ™d  officers>  courts 

I  (b)  Company  courts 


The  Naval  Reserve  171 

Before  these  courts  the  charges  must  be  brought 
in  writing  with  specifications,  which  must  be  approved 
by  a  different  commanding  officer  for  each  court. 
If  approved  then  follows  arrest,  summons,  and  pro- 
cedure to  trial  and  finally  the  verdict  and  sentence.1 
These  and  other  regulations  are  seemingly  necessary 
for  the  discipline  of  large  bodies  of  men. 

The  expenses  of  the  national   guard   are   largely  Expenses. 
met  by  the   State.     The   arms,  uniforms,  accoutre- 
ments, and  ammunition  are  provided  from  this  source. 
The  erection,  leasing,  or  renting  of  armories  for  troops 
is  a  municipal  matter,  and  rests  with  the  city  councils. 

68.   THE  NAVAL  RESERVE 

The  legislature  of  1899  authorized  the  formation  of  Naval 
eight  divisions  of  the  naval  reserve.     These  are  to  be  reserve- 
divided  into  two  crews,  known  as  the  first  and  second 
crews  of  the  naval  reserve  of  Minnesota.    The  naval 
reserve  is  commanded  by  an  officer  appointed   and 
commissioned  by  the  governor.     Each  ship's  crew  is 
commanded   by   a   lieutenant-commander    appointed 
and  commissioned  in  the  same  way. 

The  organization  of  the  reserve  conforms  to  the  Organiza- 
provisions  of  the  laws  of  the  United  States  and  the  i] 
system  of  discipline  used  in  the  United  States  navy. 
No  appropriation  was  made  for  the  organization  ;  the 
State  relies  upon  the  Federal  Government  to  supply 
the  equipment  and  the  instruction.     The  naval  re- 
serve, as  the  militia,  is  under  the  command  of  the 
governor,  and  may  be  called  into  active  service  in 
time  of  war,  riot,  or  insurrection. 

1  Military  Code,  Part  II.,  Art.  II.,  General  Laws,  1897,  ch.  118. 


172  The  Protection  of  the  State 

Government  is  the  agent  of  the  State,  established  to 
carry  on  public  works,  insure  justice,  and  provide  for 
the  common  defence.  In  this  book  we  have  seen  the 
organization,  the  machinery,  and  the  working  of  the 
government  of  the  Commonwealth  of  Minnesota.  It 
is  all  a  means  to  an  end,  that  end  being  to  increase 
the  possibilities  of  human  happiness  and  comfort. 


APPENDIX 


A.  GOVERNORS   OF  MINNESOTA 

TERRITORIAL 

Alexander  Ramsey 1849-1853 

Willis  A.  Gorman 1853-1857 

Samuel  Medary 1857-1858 

STATE 

Henry  H.  Sibley 1858-1860 

Alexander  Ramsey 1860-1864 

Stephen  Miller 1864-1866 

William  R.  Marshall 1866-1870 

Horace  Austin 1870-1874 

Cushman  K.Davis 1874-1876 

John  S.  Pillsbury 1876-1882 

Lucius  F.  Hubbard 1882-1887 

Andrew  R.  McGill 1887-1889 

William  R.  Merriam 1889-1892 

Knute  Nelson 1892-1895 

David  M.  Clough 1895-1899 

John    Lind 1899-1901 

Samuel  R.  Van  Sant 1901- 


'73 


174 


Appendix 


B.   MEMBERS   OF  THE   FIRST  LEGISLATURE   OF 
MINNESOTA 


[For  membership  list  of  the  second  and  third  legislatures  see  Neill,  History  of 
Minnesota,  546-564.] 


MET  SEPTEMBER  3,  1849,  CENTRAL  HOUSE,  ST.  PAUL 


6.U2 

Residence 

Age 

Place  of  Birth 

COUNCILLORS 
James  S.  Norris    . 

I 

Cottage  Grove     .     . 

38 

Maine. 

Samuel  Burkleo    . 

2. 

Stillwater  .... 

45 

Delaware. 

W.  H.  Forbes  .     . 

3 

St.  Paul     .... 

38 

Montreal. 

James  McC.  Boal  . 

3 

St.  Paul     .... 

38 

Pennsylvania. 

D.  B.  Loomis  .     . 

4 

Marine  Mills  .     .     . 

32 

Connecticut. 

John  Rollins     .     . 

Falls  of  St.  Anthony 

Maine. 

David  Olmstead    . 

6 

Long  Prairie  .     .     . 

27 

Vermont. 

William  Sturges    . 

6 

Elk  River  .... 

28 

Upper  Canada. 

Martin  McLeod    . 

7 

Lac  qui  Parle      .     . 

36 

Montreal. 

REPRESENTATIVES 

J.  W.  Furber   .     . 

i 

Cottage  Grove    .     . 

36 

New  Hampshire. 

James  Wells     .     . 

i 

Lake  Pepin     .     .     . 

46 

New  Jersey. 

M.  S.  Wilkinson  . 

2 

Stillwater   .... 

30 

New  York. 

Sylvanus  Trask      . 

2 

Stillwater  .... 

New  York. 

M.  Black     .     .     . 

2. 

Stillwater  .... 

— 

Ohio. 

B.  W.  Brunson     . 

3 

St.  Paul      .... 

25 

Michigan. 

Henry  Jackson 

3 

St.  Paul      .... 

42 

Virginia. 

J.  J.  Dewey     .     . 
P.  K.  Johnson  .     . 

3 
3 

St.  Paul      .... 
St.  Paul      .... 

New  York. 
Vermont. 

H.  F.  Setzer    .     . 

4 

Snake  River  .     .     . 

— 

Missouri. 

W.  R.  Marshall     . 

5 

St.  Anthony    .     .     . 

25 



William  Dugas 

5 

Little  Canada      .     . 

37 

Lower  Canada. 

Jeremiah  Russell  . 

6 

Crow  Wing    .     .     . 



L.  A.  Babcock 

6 

Sauk  Rapids  .     .     . 

29 

Vermont. 

Thomas  Holmes    . 

6 

Sauk  Rapids  .     .     . 

44 

Pennsylvania. 

Allen  Morrison 

6 





Alexis  Bailey    .     . 

7 

Mendota    .... 

5° 

Michigan. 

Gideon  H.  Pond  . 

7 

Oak  Grove      .     .     . 

39 

Connecticut. 

— House  Journal,  1849. 


Appendix 


C.   POPULATION   OF   MINNESOTA   IN    1849 


COUNTY  SEATS 

Counties 

Males 

Females 

Vote 
for 
Dele- 
gate 

St.  Paul     .    .    . 

Ramsey    .     .     . 

976 

564 

273 

Stillwater  .     .    . 

Washington  .     . 

821 

29I 

213 

Sauk  Rapids  .    . 

Benton     .    .    . 

249 

108 

18 

Mendota    .     .     . 

Dakota    .    .    . 

301 

167 

75 



Wahnatah    .    . 

344 

182 

70 

Wabasha  .    .    . 

Wabasha.    .    . 

246 

84 

33 

Pembina   .    .    . 

Pembina  .    .    . 

295 

342 

— 



Itasca  .... 

21 

9 

— 



Mankato  .     .    . 

— 

— 

— 

3253 

1687 

682 

1687 

4940 

First  census,  1849,  August,  showing  vote  for  delegate  also. 


ffi  g 

II 


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E.  NATIVITY  OF  THE  POPULATION  OF  MINNESOTA 
CENSUS  OF  1895 

{Legislative  Manual,  1899,  pp.  546-549.) 

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Appendix  181 


CO      TO      w      m»*      O*    OO      Os     tt     GO 


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182 


Appendix 


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Appendix 


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1 84 


Appendix 


F.   GROWTH   OF   CITIES   IN   MINNESOTA 
1890-1900 


CITIES 

1900 

1890 

Increase 

Per  cent 
Increase 

Minneapolis   .... 
St    Paul 

202,718 
16^,632 

164,738 
I33.IC.6 

37,980 
3O.476 

23.05 
228 

Duluth  

C2.Q2Q 

33,  lie 

IQ,8l4 

CQ.8 

"Winona      

10,714 

18,208 

i  ,co6 

8.2 

Stillwater  

I2,3l8 

II,26o 

i  oq8 

Q  O4 

Mankato 

IO.CQQ 

8838 

i  761 

10  O 

St.  Cloud  
Faribault    

8,663 

7,868 

7,686 

6.C2O 

977 

1.348 

12.0 

20  6 

Red  Wing  

7  ,C2C 

6,204 

1.  231 

IQ  6 

Brainerd    .     .          .     . 

7C24 

C.7O3 

i  801 

31  Q 

Rochester 

O-"r 
6843 

c  -J21 

I   ^22 

286 

Fergus  Falls  .... 
Little  Falls     .... 
Owatonna  

6,072 

5*774 

C.c6l 

3>772 
2,354 
3.840 

1,^^-C. 

2,300 
3,420 
712 

60.9 
104.5 
44  4 

Austin                      . 

c  474. 

3  QOI 

r  7-7 

4O  3 

New  Ulm 

r  4.03 

3741 

O/  J 
662 

Croolcston  

c,7cq 

3,4^7 

,QO2 

cc  o 

Albert  Lea     .... 
St  Peter              .     .     . 

4,50° 

4.3O2 

3,305 
3,671 

,195 
631 

36.1 
171 

Hastings                         . 

•\  811 

3  7OC 

1  06 

2  Q 

•2,760 

4,2C2 

—  483 

1II.'? 

3,730 

2,088 

I  642 

786 

Ely 

3.712 

QOI 

2  8ll 

311  Q 

Willmar 

3  4OO 

I.82t; 

I  ^84 

867 

Two  Harbors  .... 
Northfield  

3,278 
3,2IO 

2,6CQ 

eci 

20.  7 

Waseca  

3,IO3 

2,482 

621 

2O  C 

Cloquet  

3,074 

2.C3O 

C44 

21  C 

Fairmont    .                    . 

3.O4O 

I  2O^ 

Oft 
I  83C 

IOC  2 

Virginia     
Blue  Earth  City  .     .     . 

2,962 
2,9OO 

•l**^ 

1,569 

1,°J.) 
1,331 

1<O"fc 
84.8 

1  Loss. 


Appendix 


185 


CITIES 

1900 

1890 

Increase 

Per  cent 
Increase 

Lake  City  

2,744 

2,128 

616 

2O  0 

Alexandria     .... 
St  James        .... 

2,68  1 
2.6O7 

2,118 

Q-IQ 

563 

I  668 

20.5 
1  77  6 

2,536 

1,223 

1,313 

IOO  7 

Wabasha    

2,528 

2,487 

41 

I  6 

Hutchinson    .... 
Hibbing     

2^95 
2,48l 

1,414 

1,081 

764 

Worthington  .... 
South  St.  Paul     .     .     . 
Litchfield        .... 

2,386 
2,322 
2,28O 

I,l64 
2,242 
It8oo 

1,222 
80 
38l 

100.4 
3-5 

20  o 

2,223 

1,466 

757 

51.6 

Sauk  Centre  .... 
Bemidii      .     .     .     .     • 

2,220 
2.l83 

I»695 

525 

30.0 

Chaska  

2,165 

2,2IO 

—  45 

1  2.O3 

Montevideo    .... 
Marshall     

2,146 
2,088 

1  437 

It2O7 

709 
885 

49-3 

73.5 

East  Grand  Forks    .     . 
Detroit  

2,077 
2,O6O 

795 
1,510 

1,282 
55O 

106.1 
36.4 

Shakopee  ..... 

2.O4.7 

1.757 

2QO 

16.4 

Sleepy  Eye     .... 
Wells     

2,046 
2,OI7 

1.5^3 
1,  208 

533 
809 

35-2 
66.9 

iLoss. 


1 86  Appendix 


G.   AN  ACT  TO   ESTABLISH   THE  TERRITORIAL 
GOVERNMENT  OF  MINNESOTA 


[Passed  March  3,  1849] 


SECTION  I .  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  United  States  of  America  in  Congress  assembled, 
That  from  and  after  the  passage  of  this  act,  all  that  part  of  the 
territory  of  the  United  States  which  lies  within  the  following 
limits,  to  wit:  Beginning  in  the  Mississippi  river,  at  the  point 
where  the  line  of  forty-three  degrees  and  thirty  minutes  of  north 
latitude  crosses  the  same ;  thence  running  due  west  on  said  line, 
which  is  the  northern  boundary  of  the  State  of  Iowa,  to  the 
northwest  corner  of  the  said  State  of  Iowa;  thence  southerly 
along  the  western  boundary  of  said  state  to  the  point  where  said 
boundary  strikes  the  Missouri  river ;  thence  up  the  middle  of  the 
main  channel  of  the  Missouri  river  to  the  mouth  of  White  Earth 
river;  thence  up  the  middle  of  the  main  channel  of  the  White 
Earth  river  to  the  boundary  line  between  the  possessions  of  the 
United  States  and  Great  Britain  ;  thence  east  and  south  of  east 
along  the  boundary  line  between  the  possessions  of  the  United 
States  and  Great  Britain  to  Lake  Superior ;  thence  in  a  straight 
line  to  the  northernmost  point  of  the  State  of  Wisconsin  in  Lake 
Superior ;  thence  along  the  western  boundary  line  of  said  State 
of  Wisconsin  to  the  Mississippi  river;  thence  down  the  main 
channel  of  said  river  to  the  place  of  beginning,  be  and  the  same 
is  hereby  erected  into  a  temporary  government  by  the  name  of 
the  Territory  of  Minnesota ;  provided,  that  nothing  in  this  act 
contained  shall  be  construed  to  inhibit  the  government  of  the 
United  States  from  dividing  said  territory  into  two  or  more  ter- 
ritories, in  such  manner  and  at  such  times  as  Congress  shall 
deem  convenient  and  proper,  or  from  attaching  any  portion  of 
said  Territory  to  any  other  State  or  territory  of  the  United 
States. 

SEC.  2.  And  be  it  further  enacted,  That  the  executive  power 
and  authority  in  and  over  said  Territory  of  Minnesota  shall  be 


Appendix  187 

vested  in  a  governor,  who  shall  hold  his  office  for  four  years,  and 
until  his  successor  shall  be  appointed  and  qualified,  unless  sooner 
removed  by  the  president  of  the  United  States.  The  governor 
shall  reside  within  said  Territory ;  shall  be  commander-in-chief 
of  the  militia  thereof;  shall  perform  the  duties  and  receive  the 
emoluments  of  superintendent  of  Indian  affairs.  He  may  grant 
pardons  for  offences  against  the  laws  of  said  Territory,  and 
reprieves  for  offences  against  the  laws  of  the  United  States  until 
the  decision  of  the  president  can  be  made  known  thereon ;  he 
shall  commission  all  officers  who  shall  be  appointed  to  office 
under  the  laws  of  the  said  Territory,  and  shall  take  care  that  the 
laws  be  faithfully  executed. 

SEC.  3.  And  be  it  further  enacted,  That  there  shall  be  a 
secretary  of  said  Territory,  who  shall  reside  therein,  and  hold  his 
office  for  four  years,  unless  sooner  removed  by  the  president  of 
the  United  States ;  he  shall  record  and  preserve  all  the  laws  and 
proceedings  of  the  legislative  assembly  hereinafter  constituted, 
and  all  the  acts  and  proceedings  of  the  governor  in  his  executive 
department ;  he  shall  transmit  one  copy  of  the  laws  and  one  copy 
of  the  executive  proceedings,  on  or  before  the  first  day  of  Decem- 
ber in  each  year,  to  the  president  of  the  United  States,  and  at  the 
same  time  two  copies  of  the  laws  to  the  speaker  of  the  house  of 
representatives,  and  the  president  of  the  senate,  for  the  use 
of  Congress.  And  in  case  of  the  death,  removal,  resignation,  or 
necessary  absence  of  the  governor  from  the  Territory,  the  secre- 
tary shall  be  and  he  is  hereby  authorized  and  required  to  execute 
and  perform  all  the  powers  and  the  duties  of  the  governor  during 
such  vacancy  or  necessary  absence,  or  until  another  governor 
shall  be  duly  appointed  to  fill  such  vacancy. 

SEC.  4.  And  be  it  further  enacted,  That  the  legislative  power 
and  authority  of  said  Territory  shall  be  vested  in  the  governor 
and  a  legislative  assembly.  The  legislative  assembly  shall  con- 
sist of  a  council  and  house  of  representatives.  The  council  shall 
consist  of  nine  members  having  the  qualifications  of  voters,  as 
hereinafter  prescribed,  whose  term  of  service  shall  continue  two 
years.  The  house  of  representatives  shall,  at  its  first  session, 
consist  of  eighteen  members,  possessing  the  same  qualifications 
as  prescribed  for  members  of  the  council,  and  whose  term  of 
service  shall  continue  one  year.  The  number  of  councillors  and 


1 88  Appendix 

representatives  may  be  increased  by  the  legislative  assembly, 
from  time  to  time,  in  proportion  to  the  increase  of  population  ; 
provided,  that  the  whole  number  shall  never  exceed  fifteen 
councillors  and  thirty-nine  representatives.  An  apportionment 
shall  be  made,  as  nearly  equal  as  practicable,  among  the  several 
counties  or  districts  for  the  election  of  the  council  and  represen- 
tatives, giving  to  each  section  of  the  Territory  representation  in 
the  ratio  of  its  population,  Indians  excepted,  as  nearly  as  may  be. 
And  the  members  of  the  council  and  of  the  house  of  represen- 
tatives shall  reside  in  and  be  inhabitants  of  the  districts  for  which 
they  may  be  elected,  respectively.  Previous  to  the  first  election, 
the  governor  shall  cause  a  census  or  enumeration  of  the  inhab- 
itants of  the  several  counties  and  districts  of  the  Territory  to  be 
taken,  and  the  first  election  shall  be  held  at  such  time  and  places 
and  be  conducted  in  such  manner  as  the  governor  shall  appoint 
and  direct ;  and  he  shall,  at  the  same  time,  declare  the  number 
of  members  of  the  council  and  house  of  representatives  to 
which  each  of  the  counties  and  districts  shall  be  entitled  under 
this  act. 

The  number  of  persons  authorized  to  be  elected  having  the 
highest  number  of  votes,  in  each  of  said  council  districts  for 
members  of  the  council,  shall  be  declared  by  the  governor  to  be 
duly  elected  to  the  council,  and  the  person  or  persons  authorized 
to  be  elected,  having  the  greatest  number  of  votes  for  the  house 
of  representatives,  equal  to  the  number  to  which  each  county  or 
district  shall  be  entitled,  shall  also  be  declared  by  the  governor 
to  be  duly  elected  members  of  the  house  of  representatives ; 
provided,  that  in  case  of  a  tie  between  two  or  more  persons 
voted  for,  the  governor  shall  order  a  new  election  to  supply  the 
vacancy  made  by  such  tie.  And  the  persons  thus  elected  to 
the  legislative  assembly  shall  meet  at  such  place  on  such  day  as 
the  governor  shall  appoint,  but  thereafter  the  time,  place,  and 
manner  of  holding  and  conducting  all  elections  by  the  people,  and 
the  apportioning  of  the  representation  in  the  several  counties  or 
districts  to  the  council  and  house  of  representatives,  according  to 
the  population,  shall  be  prescribed  by  law,  as  well  as  the  day  of 
the  commencement  of  the  regular  session  of  the  legislative 
assembly;  provided,  that  no  one  session  shall  exceed  the  term 
of  sixty  days. 


Appendix  189 

SEC.  5.  And  be  it  further  enacted,  That  every  free  white  male 
inhabitant  above  the  age  of  twenty-one  years,  who  shall  have 
been  a  resident  of  said  Territory  at  the  time  of  the  passage  of  this 
act,  shall  be  entitled  to  vote  at  the  first  election,  and  shall  be 
eligible  to  any  office  within  the  said  Territory ;  but  the  qualifi- 
cations of  voters  and  of  holding  office  at  all  subsequent  elections 
shall  be  such  as  shall  be  prescribed  by  the  legislative  assembly ; 
provided,  that  the  right  of  suffrage  and  of  holding  office  shall  be 
exercised  only  by  citizens  of  the  United  States  and  those  who 
shall  have  declared  on  oath  their  intention  to  become  such,  and 
shall  have  taken  an  oath  to  support  the  Constitution  of  the  United 
States  and  the  provisions  of  this  act. 

SEC.  6.  And  be  it  further  enacted,  That  the  legislative  power 
of  the  Territory  shall  extend  to  all  rightful  subjects  of  legislation, 
consistent  with  the  Constitution  of  the  United  States  and  the 
provisions  of  this  act ;  but  no  law  shall  be  passed  interfering  with 
the  primary  disposal  of  the  soil ;  no  tax  shall  be  imposed  upon 
the  property  of  the  United  States ;  nor  shall  the  lands  or  other 
property  of  non-residents  be  taxed  higher  than  the  lands  or  other 
property  of  residents.  All  the  laws  passed  by  the  legislative 
assembly  and  governor  shall  be  submitted  to  the  Congress  of  the 
United  States,  and  if  disapproved  shall  be  null  and  void  and  of 
no  effect. 

SEC.  7.  And  be  it  further  enacted,  That  all  township,  district, 
and  county  officers,  not  herein  otherwise  provided  for,  shall  be 
appointed  or  elected,  as  the  case  may  be,  in  such  manner  as  shall 
be  provided  by  the  governor  and  legislative  assembly  of  the 
Territory  of  Minnesota.  The  governor  shall  nominate  and,  by 
and  with  the  advice  and  consent  of  the  legislative  council,  appoint 
all  officers  not  herein  otherwise  provided  for,  and,  in  the  first 
instance,  the  governor  alone  may  appoint  all  said  officers,  who 
shall  hold  their  offices  until  the  end  of  the  next  session  of  the 
legislative  assembly. 

SEC.  8.  And  be  it  further  enacted,  That  no  member  of  the 
legislative  assembly  shall  hold  or  be  appointed  to  any  office  which 
shall  have  been  created,  or  the  salary  or  emoluments  of  which  shall 
have  been  increased,  while  he  was  a  member,  during  the  term  for 
which  he  was  elected,  and  for  one  year  after  the  expiration  of 
such  term ;  and  no  person  holding  a  commission  or  appointment 


190  Appendix 

under  the  United  States,  except  postmasters,  shall  be  a  member 
of  the  legislative  assembly,  or  shall  hold  any  office  under  the 
government  of  said  Territory. 

SEC.  9.  And  be  it  further  enacted,  That  the  judicial  power  of 
said  Territory  shall  be  vested  in  a  supreme  court,  district  courts, 
probate  courts,  and  in  justices  of  the  peace.  The  supreme  court 
shall  consist  of  a  chief  justice  and  two  associate  justices,  any  two 
of  whom  shall  constitute  a  quorum,  and  who  shall  hold  a  term  at 
the  seat  of  government  of  said  Territory  annually  ;  and  they  shall 
hold  their  offices  during  the  period  of  four  years.  The  said 
Territory  shall  be  divided  into  three  judicial  districts,  and  a  dis- 
trict court  shall  be  held  in  each  of  said  districts  by  one  of  the 
justices  of  the  supreme  court,  at  such  time  and  places  as  may  be 
prescribed  by  law ;  and  the  said  judges  shall,  after  their  appoint- 
ment, respectively,  reside  in  the  districts  which  shall  be  assigned 
them.  The  jurisdiction  of  the  several  courts  herein  provided  for, 
both  appellate  and  original,  and  that  of  probate  courts  and  justices 
of  the  peace,  shall  be  as  limited  by  law ;  provided,  that  the 
justices  of  the  peace  shall  not  have  jurisdiction  of  any  matter  in 
controversy  when  the  title  or  boundaries  of  land  may  be  in  dispute, 
or  where  the  debt  or  sum  claimed  shall  exceed  one  hundred 
dollars;  and  the  said  supreme  and  district  courts,  respectively, 
shall  possess  chancery  as  well  as  common  law  jurisdiction.  Each 
district  court,  or  the  judges  thereof,  shall  appoint  its  clerk,  who 
shall  also  be  the  register  in  chancery,  and  shall  keep  his  office  at 
the  place  where  the  court  may  be  held.  Writs  of  error,  bills  of 
exception,  and  appeals  shall  be  allowed  in  all  cases  from  the  final 
decisions  of  said  district  courts  to  the  supreme  court,  under  such 
regulations  as  may  be  prescribed  by  law,  but  in  no  case  removed 
to  the  supreme  court  shall  trial  by  jury  be  allowed  in  said  court. 
The  supreme  court,  or  the  justices  thereof,  shall  appoint  its  own 
clerk,  and  every  clerk  shall  hold  his  office  at  the  pleasure  of  the 
court  for  which  he  shall  have  been  appointed.  Writs  of  error 
and  appeals  from  the  final  decisions  of  said  supreme  court  shall 
be  allowed,  and  may  be  taken  to  the  supreme  court  of  the  United 
States,  in  the  same  manner  and  under  the  same  regulations  as 
from  the  circuit  courts  of  the  United  States,  where  the  value  of 
the  property  or  the  amount  in  controversy,  to  be  ascertained  by 
the  oath  or  affirmation  of  either  party,  or  other  competent  witness, 


Appendix  191 

shall  exceed  one  thousand  dollars ;  and  each  of  the  said  district 
courts  shall  have  and  exercise  the  same  jurisdiction  in  all  cases 
arising  under  the  Constitution  and  laws  of  the  United  States,  as 
is  vested  in  the  circuit  and  district  courts  of  the  United  States ; 
and  the  first  six  days  of  every  term  of  said  courts,  or  so  much 
thereof  as  shall  be  necessary,  shaN  be  appropriated  to  the  trial  of 
causes  arising  under  the  said  Constitution  and  laws ;  and  writs 
of  error  and  appeal  in  all  such  cases  shall  be  made  to  the  supreme 
court  of  said  Territory,  the  same  as  in  other  cases.  The  said 
clerk  shall  receive  in  all  such  cases  the  same  fees  which  the  clerks 
of  the  district  courts  of  the  late  Wisconsin  Territory  received  for 
similar  services. 

SEC.  10.  And  be  it  further  enacted,  That  there  shall  be  ap- 
pointed an  attorney  for  said  Territory,  who  shall  continue  in 
office  for  four  years,  unless  sooner  removed  by  the  president,  and 
who  shall  receive  the  same  fees  and  salary  as  the  attorney  of  the 
United  States  for  the  late  Territory  of  Wisconsin  received. 
There  shall  also  be  a  marshal  for  the  Territory  appointed,  who 
shall  hold  his  office  for  four  years,  unless  sooner  removed  by  the 
president,  and  who  shall  execute  all  processes  issuing  from  the 
said  courts,  when  exercising  their  jurisdiction  as  circuit  and  dis- 
trict courts  of  the  United  States ;  he  shall  perform  the  duties,  be 
subject  to  the  same  regulations  and  penalties,  and  be  entitled  to 
the  same  fees  as  the  marshal  of  the  district  court  of  the  United 
States  for  the  late  Territory  of  Wisconsin  ;  and  shall,  in  addition, 
be  pcid  two  hundred  dollars  annually  as  a  compensation  for  extra 
services. 

SEC.  ii.  And  be  it  further  enacted,  That  the  governor,  secre- 
tary, chief  justice  and  associate  justices,  attorney  and  marshal, 
shall  be  nominated  and,  by  and  with  the  advice  and  consent  of 
the  senate,  appointed  by  the  president  of  the  United  States.  The 
governor  and  secretary  to  be  appointed  as  aforesaid,  shall,  before 
they  act  as  such,  respectively,  take  an  oath  or  affirmation,  before 
the  district  judge,  or  some  justice  of  the  peace  in  the  limits  of 
said  Territory,  duly  authorized  to  administer  oaths  and  affirma- 
tions by  the  laws  now  in  force  therein,  or  before  the  chief  justice, 
or  some  associate  justice  of  the  supreme  court  of  the  United 
States,  to  support  the  Constitution  of  the  United  States,  and 
faithfully  to  discharge  the  duties  of  their  respective  offices,  which 


192  Appendix 

said  oaths,  when  so  taken,  shall  be  certified  by  the  person  by 
whom  the  same  shall  have  been  taken,  and  such  certificates  shall 
be  received  and  recorded  by  the  said  secretary  among  the  ex- 
ecutive proceedings  ;  and  the  chief  justice  and  associate  justices, 
and  all  other  civil  officers  in  said  Territory,  before  they  act  as 
such,  shall  take  a  like  oath  or  affirmation,  before  the  said  governor 
or  secretary,  or  some  judge  or  justice  of  the  peace  of  the  Territory, 
who  may  be  duly  commissioned  and  qualified ;  which  said  oath 
or  affirmation  shall  be  certified  and  transmitted,  by  the  person 
taking  the  same,  to  the  secretary,  to  be  by  him  recorded  as  afore- 
said ;  and  afterwards,  the  like  oath  or  affirmation  shall  be  taken, 
certified  and  recorded  in  such  manner  and  form  as  may  be  pre- 
scribed by  law.  The  governor  shall  receive  an  annual  salary  of 
$1,500  as  governor,  and  $1,000  as  superintendent  of  Indian  affairs. 
The  chief  justice  and  associate  justice  shall  each  receive  an  annual 
salary  of  $1,800.  The  secretary  shall  receive  an  annual  salary 
of  $ i, 800.  The  said  salaries  shall  be  paid  quarter-yearly,  at  the 
treasury  of  the  United  States.  The  members  of  the  legislative 
assembly  shall  be  entitled  to  receive  three  dollars  each  per  day 
during  their  attendance  at  the  sessions  thereof,  and  three  dollars 
each  for  every  twenty  miles  traveled  in  going  to  and  returning 
from  the  said  sessions,  estimated  according  to  the  nearest  usually 
travelled  route.  There  shall  be  appropriated,  annually,  the  sum 
of  $1,000,  to  be  expended  by  the  governor  to  defray  the  contingent 
expenses  of  the  Territory :  and  there  shall  also  be  appropriated, 
annually,  a  sufficient  sum  to  be  expended  by  the  secretary  of  the 
Territory,  and  upon  an  estimate  to  be  made  by  the  secretary  of 
the  treasury  of  the  United  States,  to  defray  the  expenses  of  the 
legislative  assembly,  the  printing  of  the  laws,  and  other  incidental 
expenses,  and  the  secretary  of  the  Territory  shall  annually  account 
to  the  secretary  of  the  treasury  of  the  United  States  for  the  man- 
ner in  which  the  aforesaid  sum  shall  have  been  expended. 

SEC.  12.  And  be  it  further  enacted,  That  the  inhabitants  of  the 
said  Territory  shall  be  entitled  to  all  the  rights,  privileges,  and 
immunities  heretofore  granted  and  secured  to  the  Territory  of 
Wisconsin  and  to  its  inhabitants ;  and  the  laws  in  force  in  the 
Territory  of  Wisconsin  at  the  date  of  the  admission  of  the  State 
of  Wisconsin  shall  continue  to  be  valid  and  operative  therein,  so 
far  as  the  same  be  not  incompatible  with  the  provisions  of  this 


Appendix  193 

act,  subject,  nevertheless,  to  be  altered,  modified,  or  repealed  by 
the  governor  and  legislative  assembly  of  the  said  Territory  of 
Minnesota ;  and  the  laws  of  the  United  States  are  hereby  extended 
over,  and  declared  to  be  in  force  in  said  Territory,  so  far  as  the 
same,  or  any  provision  thereof,  may  be  applicable. 

SEC.  13.  And  be  it  further  enacted,  That  the  legislative 
assembly  of  the  Territory  of  Minnesota  shall  hold  its  first 
session  in  St.  Paul ;  and  at  said  first  session  the  governor  and 
legislative  assembly  shall  locate  and  establish  a  temporary  seat 
of  government  for  said  Territory,  at  such  place  as  they  may  deem 
eligible ;  and  shall  at  such  time  as  they  shall  see  proper  prescribe 
by  law  the  manner  of  locating  the  permanent  seat  of  government 
of  said  Territory  by  a  vote  of  the  people.  And  the  sum  of  twenty 
thousand  dollars,  out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  is  hereby  appropriated  and  granted  to  said  Territory 
of  Minnesota,  to  be  applied  by  the  governor  and  legislative 
assembly  to  the  erection  of  suitable  public  buildings  at  the  seat 
of  government. 

SEC.  14.  And  be  it  further  enacted,  That  a  delegate  to  the 
house  of  representatives  of  the  United  States,  to  serve  for  the 
term  of  two  years,  may  be  elected  by  the  voters  qualified  to  elect 
members  of  the  legislative  assembly,  who  shall  be  entitled  to  the 
same  rights  and  privileges  as  are  exercised  and  enjoyed  by  the 
delegates  from  the  several  other  territories  of  the  United  States 
to  the  said  house  of  representatives.  The  first  election  shall  be 
held  at  such  times  and  places  and  be  conducted  in  such  manner 
as  the  governor  shall  appoint  and  direct ;  and  at  all  subsequent 
elections  the  times,  places,  and  manner  of  holding  the  elections 
shall  be  prescribed  by  law.  The  person  having  the  greatest 
number  of  votes  shall  be  declared  by  the  governor  to  be  duly 
elected,  and  a  certificate  thereof  shall  be  given  accordingly. 

SEC.  15.  And  be  it  further  enacted,  That  all  suits,  process,  and 
proceedings,  civil  and  criminal,  at  law  or  in  chancery,  and  all 
indictments  and  informations,  which  shall  be  pending  and  unde- 
termined in  the  courts  of  the  Territory  of  Wisconsin,  within  the 
limits  of  said  Territory  of  Minnesota,  when  this  act  shall  take 
effect,  shall  be  transferred  to  be  heard,  tried,  prosecuted,  and 
determined  in  the  district  courts  hereby  established,  which  may 
include  the  counties  or  districts  where  any  such  proceeding  may  be 


IQ4  Appendix 

pending.  All  bonds,  recognizances,  and  obligations  of  every 
kind  whatsoever,  valid  under  the  existing  laws,  within  the  limits 
of  said  Territory,  shall  be  valid  under  this  act ;  and  all  crimes  and 
misdemeanors  against  the  laws,  in  force  within  said  limits,  may 
be  prosecuted,  tried,  and  punished  in  the  courts  established  by 
this  act ;  and  all  penalties,  forfeitures,  actions,  and  causes  of 
action  may  be  recovered  under  this  act  the  same  as  they  would 
have  been  under  the  laws  in  force  within  the  limits  composing 
said  Territory  at  the  time  this  act  shall  go  into  operation. 

SEC.  1 6.  And  be  it  further  enacted,  That  all  justices  of  the 
peace,  constables,  sheriffs,  and  all  other  judicial  and  ministerial 
officers,  who  shall  be  in  office  within  the  limits  of  said  Territory 
when  this  act  shall  take  effect,  shall  be  and  they  are  hereby 
authorized  and  required  to  continue  to  exercise  and  perform  the 
duties  of  their  respective  offices  as  officers  of  the  Territory  of 
Minnesota,  temporarily,  and  until  they  or  others  shall  be  duly 
appointed  and  qualified  to  fill  their  places,  in  the  manner  herein 
directed,  or  until  their  offices  shall  be  abolished. 

SEC.  17.  And  be  it  further  enacted,  That  the  sum  of  $5,000 
be  and  the  same  is  hereby  appropriated  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated,  to  be  expended  by  and  under 
the  direction  of  the  said  governor  of  the  Territory  of  Minnesota, 
in  the  purchase  of  a  library,  to  be  kept  at  the  seat  of  government 
for  the  use  of  the  governor,  legislative  assembly,  judges  of  the 
supreme  court,  secretary,  marshal,  and  attorneys  of  said  Territory, 
and  such  other  persons  and  under  such  regulations  as  shall  be 
prescribed  by  law. 

SEC.  1 8.  And  be  it  further  enacted,  That  when  the  lands  in 
said  Territory  shall  be  surveyed  under  the  direction  of  the  govern- 
ment of  the  United  States,  preparatory  to  bringing  the  same  into 
market,  sections  numbered  sixteen  and  thirty-six  in  each  town- 
ship in  said  Territory  shall  be  and  the  same  are  hereby  reserved 
for  the  purpose  of  being  applied  to  schools  in  said  Territory,  and 
in  the  State  and  Territories  hereafter  to  be  erected  out  of  the  same. 

SEC.  19.  And  be  it  further  enacted,  That  temporarily,  and 
until  otherwise  provided  by  law,  the  governor  of  said  Territory 
may  define  the  judicial  districts  of  said  Territory,  and  assign  the 
judges  who  may  be  appointed  for  said  Territory  to  the  several 
districts,  and  also  appoint  the  times  and  places  for  holding  courts 


Appendix  195 

in  the  several  counties  or  subdivisions  in  each  of  said  judicial  dis- 
tricts, by  proclamation  to  be  issued  by  him ;  but  the  legislative 
assembly,  at  their  first  or  any  subsequent  session,  may  organize, 
alter,  or  modify  such  judicial  districts,  ahd  assign  the  judges,  and 
alter  the  times  and  places  of  holding  the  courts,  as  to  them  shall 
seem  proper  and  convenient. 

SEC.  20.  And  be  it  further  enacted,  That  every  bill  which  shall 
or  may  pass  the  council  and  house  of  representatives,  shall,  before 
it  becomes  a  law,  be  presented  to  the  governor  of  the  Territory ; 
if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it,  with 
his  objections,  to  the  house  in  which  it  originated ;  which  shall 
cause  the  objections  to  be  entered  at  large  upon  their  journal, 
and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  two- 
thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  house,  by  which  it  shall 
also  be  reconsidered,  and  if  approved  by  two-thirds  of  that  house 
it  shall  become  a  law ;  but  in  all  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of 
the  persons  voting  for  or  against  the  bill  shall  be  entered  on  the 
journal  of  each  house,  respectively.  If  any  bill  shall  not  be 
returned  by  the  governor  within  three  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the  legislative 
assembly,  by  adjournment,  prevent  it ;  in  which  case  it  shall  not 
become  a  law. 


196  Appendix 


H.   THE   ENABLING  ACT   OF   MINNESOTA1 


[Passed  Feb.  26,  1857] 

SECTION  I.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America,  in  Congress 
assembled,  That  the  inhabitants  of  that  portion  of  the  Territory 
of  Minnesota  which  is  embraced  within  the  following  limits, 
to-wit :  Beginning  at  the  point  in  the  centre  of  the  main  channel 
of  the  Red  River  of  the  North,  where  the  boundary  line  between 
the  United  States  and  the  British  Possessions  crosses  the  same ; 
thence  up  the  main  channel  of  said  river  to  that  of  the  Bois  de 
Sioux  river ;  thence  up  the  main  channel  of  said  river  to  Lake 
Traverse;  thence  up  the  centre  of  said  lake  to  the  southern 
extremity  thereof;  thence  in  a  direct  line  to  the  head  of  Big 
Stone  lake ;  thence  through  its  centre  to  its  outlet ;  thence  by  a 
due  south  line  to  the  north  of  the  State  of  Iowa ;  thence  along 
the  northern  boundary  of  said  State  to  the  main  channel  of  the 
Mississippi  river ;  thence  up  the  main  channel  of  said  river,  and 
following  the  boundary  line  of  the  State  of  Wisconsin,  until  the 
same  intersects  with  the  St.  Louis  river ;  thence  down  the  said 
river  to  and  through  Lake  Superior,  on  the  boundary  line  of  Wis- 
consin and  Michigan,  until  it  intersects  the  dividing  line  between 
the  United  States  and  the  British  Possessions  ;  thence  up  Pigeon 
river  and  following  said  dividing  line  to  the  place  of  beginning, 
be  and  they  hereby  are  authorized  to  form  for  themselves  a 
constitution  and  State  government  by  the  name  of  the  State  of 
Minnesota,  and  to  come  into  the  Union  on  an  equal  footing  with 
the  original  States,  according  to  the  Federal  Constitution. 

SEC.  2.  And  be  it  further  enacted,  That  the  State  of  Minnesota 
shall  have  concurrent  jurisdiction  on  the  Mississippi  and  all  other 
rivers  and  waters  bordering  on  the  said  State  of  Minnesota,  so 
far  as  the  same  shall  form  a  common  boundary  to  said  State  and 
any  State  or  States  now  or  hereafter  to  be  formed  or  bounded  by 

1  One  of  the  first  steps  in  the  admission  of  a  new  State  to  the  Union  is  the  enact- 
ment by  Congress  of  an  act  authorizing  the  people  of  the  Territory  to  form  a  State 
government.  Such  an  act  is  technically  known  as  an  enabling  act. 


Appendix  197 

the  same  ;  and  said  river  or  waters  leading  into  the  same  shall  be 
common  highways,  and  forever  free,  as  well  to  the  inhabitants  of 
said  State  as  to  all  other  citizens  of  the  United  States,  without 
any  tax,  duty,  impost,  or  toll  therefor. 

SEC.  3.  And  be  it  further  enacted,  That  on  the  first  Monday 
in  June  next,  the  legal  voters  in  each  representative  district  then 
existing  within  the  limits  of  the  proposed  State,  are  hereby 
authorized  to  elect  two  delegates  for  each  representative  to  which 
said  district  shall  be  entitled  according  to  the  apportionment  for 
representatives  to  the  Territorial  legislature ;  which  election  for 
delegates  shall  be  held  and  conducted,  and  the  returns  made,  in 
all  respects  in  conformity  with  the  laws  of  said  Territory  reg- 
ulating the  election  of  representatives,  and  the  delegates  so 
elected  shall  assemble  at  the  capital  of  said  Territory  on  the 
second  Monday  in  June  next,  and  first  determine  by  a  vote 
whether  it  is  the  wish  of  the  people  of  the  proposed  State  to  be 
admitted  into  the  Union  at  that  time ;  and  if  so,  shall  proceed  to 
form  a  constitution,  and  take  all  necessary  steps  for  the  establish- 
ment of  a  State  government,  in  conformity  with  the  Federal 
Constitution,  subject  to  the  approval  and  ratification  of  the 
people  of  the  proposed  State. 

SEC.  4.  And  be  it  further  enacted.  That  in  the  event  said 
convention  shall  decide  in  favor  of  the  immediate  admission  of 
the  proposed  State  into  the  Union,  it  shall  be  the  duty  of  the 
United  States  marshal  for  said  Territory  to  proceed  to  take  a 
census  or  enumeration  of  the  inhabitants  within  the  limits  of  the 
proposed  State,  under  such  rules  and  regulations  as  shall  be  pre- 
scribed by  the  secretary  of  the  interior,  with  the  view  of  ascer- 
taining the  number  of  representatives  to  which  said  State  may  be 
entitled  in  the  Congress  of  the  United  States.  And  said  State 
shall  be  entitled  to  one  representative,  and  such  additional  repre- 
sentatives as  the  population  of  the  State  shall,  according  to  the 
census,  show  it  would  be  entitled  to  according  to  the  present  ratio 
of  representation. 

SEC.  5.  And  be  it  further  enacted,  That  the  following  proposi- 
tions be  and  the  same  are  hereby  offered  to  the  said  convention 
of  the  people  of  Minnesota  for  their  free  acceptance  or  rejection, 
which,  if  accepted  by  the  convention,  shall  be  obligatory  on  the 
United  States,  and  upon  the  said  State  of  Minnesota,  to-wit : 


198  Appendix 

First  —  That  sections  numbered  sixteen  and  thirty-six  in  every 
township  of  public  lands  in  said  State,  and  where  either  of  said 
sections,  or  any  part  thereof,  has  been  sold  or  otherwise  disposed 
of,  other  lands,  equivalent  thereto,  and  as  contiguous  as  may  be, 
shall  be  granted  to  said  State  for  the  use  of  schools. 

Second —  That  seventy-two  sections  of  land  shall  be  set  apart 
and  reserved  for  the  use  and  support  of  a  State  university,  to  be 
selected  by  the  governor  of  said  State,  subject  to  the  approval 
of  the  commissioner  at  the  general  land  office,  and  to  be  appro- 
priated and  applied  in  such  manner  as  the  legislature  of  said 
State  may  prescribe,  for  the  purpose  aforesaid,  but  for  no  other 
purpose. 

Third —  Ten  entire  sections  of  land  to  be  selected  by  the  gov- 
ernor of  said  State,  in  legal  subdivisions,  shall  be  granted  to  said 
State  for  the  purpose  of  completing  the  public  buildings,  or  for 
the  erection  of  others  at  the  seat  of  government,  under  the  direc- 
tion of  the  legislature  thereof. 

Fourth  — That  all  salt  springs  within  said  State,  not  exceeding 
twelve  in  number,  with  six  sections  of  land  adjoining  or  as  con- 
tiguous as  may  be  to  each,  shall  be  granted  to  said  State  for  its 
use ;  and  the  same  to  be  selected  by  the  governor  thereof  within 
one  year  after  the  admission  of  said  State,  and,  when  so  selected, 
to  be  used  or  disposed  of  on  such  terms,  conditions,  and  regula- 
tions as  the  legislature  shall  direct ;  provided,  that  no  salt  spring 
or  land  the  right  whereof  is  now  vested  in  any  individual  or  in 
individuals,  or  which  may  be  hereafter  confirmed  or  adjudged  to 
any  individual  or  individuals,  shall  by  this  article  be  granted  to 
said  State. 

Fifth  —  That  five  per  centum  of  the  net  proceeds  of  sales  of  all 
public  lands  lying  within  said  State,  which  shall  be  sold  by  Con- 
gress after  the  admission  of  said  State  into  the  Union,  after 
deducting  all  the  expenses  incident  to  the  same,  shall  be  paid  to 
said  State  for  the  purpose  of  making  public  roads  and  internal 
improvements  as  the  legislature  shall  direct ;  provided,  the  fore- 
going propositions  herein  offered  are  on  the  condition  that  the 
said  convention  which  shall  form  the  constitution  of  said  State 
shall  provide,  by  a  clause  in  said  constitution,  or  an  ordinance, 
irrevocable  without  the  consent  of  the  United  States,  that  said 
State  shall  never  interfere  with  the  primary  disposal  of  the  soil 


Appendix  199 

within  the  same  by  the  United  States,  or  with  any  regulations 
Congress  may  find  necessary  for  securing  the  title  in  said  soil 
in  bona  fide  purchasers  thereof;  and  that  no  tax  shall  be  im- 
posed on  lands  belonging  to  the  United  States,  and  that 
in  no  case  shall  non-resident  proprietors  be  taxed  higher  than 
residents. 


2OO  Appendix 


I.    AN   ACT   FOR    THE   ADMISSION    OF  MINNESOTA 
INTO   THE   UNION 


[Passed  May  //,  1858} 


WHEREAS,  an  act  of  Congress  was  passed  February  twenty- 
sixth,  eighteen  hundred  and  fifty-seven,  entitled  "An  act  to 
authorize  the  people  of  the  Territory  of  Minnesota  to  form  a 
constitution  and  State  government  preparatory  to  their  admission 
into  the  Union  on  an  equal  footing  with  the  original  States;" 
and,  whereas,  the  people  of  said  Territory  did,  on  the  twenty- 
ninth  day  of  August,  eighteen  hundred  and  fifty-seven,  by  dele- 
gates elected  for  that  purpose,  form  for  themselves  a  constitution 
and  State  government,  which  is  republican  in  form,  and  was 
ratified  and  adopted  by  the  people  at  an  election  held  on  the 
thirteenth  day  of  October,  eighteen  hundred  and  fifty-seven,  for 
that  purpose ;  therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America,  in  Congress  assembled,  That  the  State 
of  Minnesota  shall  be  one,  and  is  hereby  declared  to  be  one,  of 
the  United  States  of  America,  and  admitted  into  the  Union  on 
an  equal  footing  with  the  original  States  in  all  respects  whatever. 

SEC.  2.  And  be  it  further  enacted,  That  said  State  shall 
be  entitled  to  two  representatives  in  Congress,  until  the  next 
apportionment  of  representatives  among  the  several  States. 

SEC.  3.  And  be  it  further  enacted,  That  from  and  after  the 
admission  of  the  State  of  Minnesota,  as  hereinbefore  provided, 
all  the  laws  of  the  United  States  which  are  not  locally  inapplicable 
shall  have  the  same  force  and  effect  within  that  State  as  in  other 
States  of  the  Union ;  and  the  said  State  is  hereby  constituted  a 
judicial  district  of  the  United  States ;  within  which  a  district 
court,  with  like  powers  and  jurisdiction  as  the  district  court  of  the 
United  States  for  the  district  of  Iowa,  shall  be  established ;  the 
judge,  attorney,  and  marshal  of  the  United  States  of  the  said  dis- 
trict of  Minnesota  shall  reside  within  the  same,  and  shall  be 
entitled  to  the  same  compensation  as  the  judge,  attorney,  and 


Appendix  20 1 

marshal  of  the  district  of  Iowa ;  and  in  all  cases  of  appeal  or 
writ  of  error  heretofore  prosecuted  and  now  pending  in  the 
supreme  court  of  the  United  States,  upon  any  record  from  the 
supreme  court  of  Minnesota  Territory,  the  mandate  of  execution 
or  order  of  further  proceedings  shall  be  directed  by  the  supreme 
court  of  the  United  States  to  the  district  court  of  the  United 
States  for  the  district  of  Minnesota,  or  to  the  supreme  court  of 
the  State  of  Minnesota,  as  the  nature  of  such  appeal  or  writ 
of  error  may  require ;  and  each  of  those  courts  shall  be  the  suc- 
cessor of  the  supreme  court  of  Minnesota  Territory,  as  to  all  such 
cases,  with  full  power  to  hear  and  determine  the  same,  and  to 
award  mesne  or  final  process  therein. 


202 


Appendix 


J.   CONSTITUTION  OF   THE  STATE  OF   MINNESOTA 


Adopted  October  /j,  1857.    Ayes,  30,055 ;  Noes,  577. 


Preamble.  PREAMBLE.  We,  the  people  of  the  State  of  Minnesota,  grateful 
to  God  for  our  civil  and  religious  liberty,  and  desiring  to  per- 
petuate its  blessings  and  secure  the  same  to  ourselves  and  our 
posterity,  do  ordain  and  establish  this  constitution : 


Object  of 
government. 


Rights  and 
privileges. 


Liberty  of 
the  press. 

Right  of  trial 
by  jury. 


No  excessive 
bail  or 
unusual 
punishments. 


ARTICLE  I 
Bill  of  Rights 

SECTION  I.  Government  is  instituted  for  the  security,  benefit 
and  protection  of  the  people,  in  whom  all  political  power  is 
inherent,  together  with  the  right  to  alter,  modify,  or  reform  such 
government,  whenever  the  public  good  may  require  it. 

SEC.  2.  No  member  of  this  State  shall  be  disfranchised,  or 
deprived  of  any  of  the  rights  or  privileges  secured  to  any  citizen 
thereof,  unless  by  the  law  of  the  land,  or  the  judgment  of  his 
peers.  There  shall  be  neither  slavery  nor  involuntary  servitude 
in  the  State  otherwise  than  in  the  punishment  of  crime,  whereof 
the  party  shall  have  been  duly  convicted. 

SEC.  3.  The  liberty  of  the  press  shall  forever  remain  inviolate, 
and  all  persons  may  freely  speak,  write,  and  publish  their  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  such  right. 

SEC.  4.  The  right  of  trial  by  jury  shall  remain  inviolate,  and 
shall  extend  to  all  cases  at  law  without  regard  to  the  amount  in 
controversy,  but  a  jury  trial  may  be  waived  by  the  parties  in  all 
cases  in  the  manner  prescribed  by  law ;  [and  the  legislature  may 
provide  that  the  agreement  of  five-sixths  of  any  jury  in  any  civil 
action  or  proceeding,  after  not  less  than  six  (6)  hours'  delibera- 
tion, shall  be  sufficient  verdict  therein.]  J 

SEC.  5.  Excessive  bail  shall  not  be  required,  nor  shaH  exces- 
sive fines  be  imposed ;  nor  shall  cruel  or  unusual  punishments  be 
inflicted. 

1  The  clause  in  brackets  was  adopted  November  4,  1890. 


Appendix  203 

SEC.  6.   In  all  criminal  prosecutions  the  accused  shall  enjoy   Rights  of 

the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  accused  in 

criminal 
the  county  or  district  wherein  the  crime  shall  have  been  com-   pr0secutions. 

mitted,  which  county  or  district  shall  have  been  previously  ascer- 
tained by  law,  and  to  be  informed  of  the  nature  and  cause  of  the 
accusation,  to  be  confronted  with  the  witnesses  against  him,  to 
have  compulsory  process  for  obtaining  witnesses  in  his  favor, 
and  to  have  the  assistance  of  counsel  in  his  defence.1 
SEC.  7.  No  person  shall  be  held  to  answer  for  a  criminal  Further 

offence  unless  on  the  presentment  or  indictment  of  a  grand  jury,   nshts  °* 

.     J.   Jt    accused, 
except  in  cases  of  impeachment,  or  in  cases  cognizable  by  justices 

of  the  peace,  or  arising  in  the  army  or  navy,  or  in  the  militia 
when  in  actual  service  in  time  of  war  or  public  danger;  and 
no  person  for  the  same  offence  shall  be  put  twice  in  jeopardy 
of  punishment,  nor  shall  be  compelled  in  any  criminal  case  to  be 
witness  against  himself,  nor  be  deprived  of  life,  liberty,  or  property 
without  due  process  of  law.  All  persons  shall,  before  conviction, 
be  bailable  by  sufficient  sureties,  except  for  capital  offences,  when 
the  proof  is  evident  or  the  presumption  great ;  and  the  privilege  of 
the  writ  of  habeas  corpus  shall  not  be  suspended,  unless,  when  in 
cases  of  rebellion  or  invasion,  the  public  safety  may  require. 

SEC.  8.   Every  person  is  entitled  to  a  certain  remedy  in  the   Redress  of 
laws  for  all   injuries  or  wrongs  which  he  may  receive  in  his   inJll"es  °r 
person,  property,  or  character ;  he  ought  to  obtain  justice  freely 
and  without  purchase  ;  completely  and  without  denial ;  promptly 
and  without  delay,  conformable  to  the  laws. 

SEC.  9.   Treason  against  the  State  shall  consist  only  in  levying  Treason 
war  against  the  same,  or  in  adhering  to  its  enemies,  giving  them   defined- 
aid  and  comfort.    No  person  shall  be  convicted  of  treason  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  on 
confession  in  open  court. 

SEC.  10.   The  right  of  the  people  to  be  secure  in  their  persons,   Right  against 
houses,  papers,  and  effects,  against  unreasonable  searches  and    unreasonable 
seizures,  shall  not  be  violated ;  and  no  warrant  shall  issue  but 
upon   probable  cause,   supported   by   oath   or  affirmation,  and 

1  The  jury  contemplated  by  Article  i,  Section  6,  securing  the  right  to  jury  trial 
in  criminal  cases,  is  a  body  of  twelve  men,  and  it  is  error  to  try  a  party  charged  with 
crime  in  a  justice  court,  against  his  objection,  with  a  jury  of  six.  The  fact  that  he 
may  appeal  to  the  district  court,  on  entering  into  recognizance  with  sureties,  does 
not  change  the  rule.  14  Minn.  330. 


2O4  Appendix 

particularly  describing  the  place  to  be  searched,  and  the  person 

or  things  to  be  seized. 

Prohibits  SEC.  ii.   No  bill  of  attainder,  ex  post  facto  law,  nor  any  law  im- 

ex  post  facto     pairing  the  obligation  of  contracts,  shall  ever  be  passed,  and  no  con- 

aws,  or  aws   vjc|-jon  snan  work  corruption  of  blood  or  forfeiture  of  estate, 
impairing  r 

contracts.  SEC.  12.   No  person   shall   be   imprisoned    for  debt   in  this 

Imprison-         State,1  but  this  shall  not  prevent  the  legislature  from  providing 

ment  for          for  imprisonment,  or  holding  to  bail,  persons  charged  with  fraud 

debt.  jn  C011tracting  said  debt.     A  reasonable  amount  of  property  shall 

be  exempt  from  seizure  or  sale  for  the  payment  of  any  debt  or 

liability.     The  amount  of  such  exemption  shall  be  determined 

Property          by  law.     \Provided,  however,  that  all  property  so  exempted  shall 

exemption.       ^e  iiaDie  to  seizure  and  sale  for  any  debts  incurred  to  any  person 

for  work  done  or  materials  furnished  in  the  construction,  repair, 

or  improvement  of  the  same;  and,  provided  further,  that  such 

liability  to  seizure  and  sale  shall  also  extend  to  all  real  property 

for  any  debt  incurred  to  any  laborer  or  servant  for  labor  or 

service  performed.]  2 

Private  prop-  SEC.  13.  Private  property  shall  not  be  taken,  destroyed,  or 
erty  for  pub-  damaged  for  public  use  without  just  compensation  therefor,  first 
he  use.  paid  or  secured  .3 

Military  SEC.  14.  The  military  shall  be  subordinate  to  the  civil  power,  and 

subordinate      no  stancnng  army  shall  be  kept  up  in  this  State  in  time  of  peace 
Lands  de  ^EC'  *$'   ^  lands  within  the  State  are  declared  to  be  allodial, 

clared  allo-      an<^  feudal  tenures  of  every  description,  with  all  their  incidents, 
dial.  Leases,   are  prohibited.     Leases  and  grants  of  agricultural  lands  for  a 
when  void.       longer  period  than  twenty-one  years,  hereafter  made,  in  which 
shall  be  reserved  any  rent  or  service  of  any  kind,  shall  be  void. 
Freedom  of         SEC.  16.   The  enumeration  of  rights  in  this  constitution  shall 
conscience.      not  De  construed  to  deny  or  impair  others  retained  by  and  in- 
herent in  the  people.     The  right  of  every  man  to  worship  God 
according  to  the  dictates  of  his  own  conscience  shall  never  be 
infringed,  nor  shall  any  man  be  compelled  to  attend,  erect,  or 
support  any  place  of  worship,  or  to  maintain  any  religious  or 
ecclesiastical  ministry,  against  his  consent ;  nor  shall  any  control 
of  or  interference  with  the  rights  of  conscience  be  permitted,  or 

1  23  Minn,  i;  23  Minn.  411. 

*  The  clause  in  brackets  was  adopted  November  6,  1888. 

8  The  words  "destroyed  or  damaged"  inserted  by  amendment  adopted  Novem- 
ber 3,  1896. 


Appendix  205 

any  preference  be  given  by  law  to  any  religious  establishment  or  No  prefer- 

mode  of  worship ;  but  the  liberty  of  conscience  hereby  secured  e?ce  to  be 

shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  religious 

justify  practices  inconsistent  with  the  peace  or  safety  of  the  State,  establish- 

nor  shall  any  money  be  drawn  from  the  treasury  for  the  benefit  ment  °r 

of  any  religious  societies,  or  religious  or  theological  seminaries.  worshi° 

SEC.  17.   No  religious  test  or  amount  of  property  shall  ever 

be  required  as  a  qualification  for  any  office  of  public  trust  under  No  religious 

the  State.    No  religious  test  or  amount  of  property  shall  ever  be  ^  °uaHfi^ 

required  as  a  qualification  of  any  voter  at  any  election  in  this  cation  to  be 

State;   nor  shall  any  person  be  rendered  incompetent  to  give  required, 
evidence  in  any  court  of  law  or  equity  in  consequence  of  his 
opinion  upon  the  subject  of  religion. 

ARTICLE  II 
Boundaries 
[Omitted.] 

ARTICLE  III 

Distribution  of  the  Powers  of  Government 

SECTION  i.   The  powers  of  government  shall  be  divided  into   Division  of 
three  distinct  departments  —  legislative,  executive,  and  judicial ;   P°wers' 
and  no  person  or  persons  belonging  to  or  constituting  one  of 
these  departments  shall  exercise  any  of  the  powers  properly  be- 
longing to  either  of  the  others,  except  in  the  instances  expressly 
provided  in  this  constitution. 

ARTICLE  IV 
Legislative  Department 

SECTION  i.   The  legislature  shall  consist  of  the  Senate  and  Legislature 

House  of  Representatives,  which  shall  meet  biennially  at  the  meets 

seat  of  government  of  the  State,  at  such  time  as  shall  be  pre-  biennially- 

scribed  by  law,  but  no  session  shall  exceed  the  term  of  ninety  Length  of 

(90)  legislative  days ; 1  and  no  new  bill  shall  be  introduced  in  session. 

1  February  5,  1889,  the  judiciary  committee  of  the  House  of  Representatives  unani- 
mously reported,  "  that  it  was  clearly  the  purpose  of  the  legislature  which  pro- 
posed this  amendment  of  the  Constitution  to  the  people,  and  plainly  the  intention 
of  the  people  themselves,  when  voting  for  its  adoption,  to  limit  the  sessions  of  the 
legislature  to  ninety  days,  excluding  only  Sundays  and  legal  holidays."  Also  that 
twenty  days'  limitation  of  introduction  of  bills  before  adjournment  only  applied  to 
the  period  of  ninety  days,  and  proportionately  for  a  shorter  session. 


206 


Appendix 


Apportion- 
ment of 
members. 


Eligibility  of 
members. 

Quorum. 


Rules  of 
government. 


Officers. 


Journal  of 
proceedings. 


Length  of 
adjourn- 
ments. 


Compensa- 
tion. 


either  branch,  except  on  the  written  request  of  the  governor, 
during  the  last  twenty  (20)  days  of  such  sessions,  except  the 
attention  of  the  legislature  shall  be  called  to  some  important 
matter  of  general  interest  by  a  special  message  from  the  governor.1 

SEC.  2.  The  number  of  members  who  compose  the  Senate 
and  House  of  Representatives  shall  be  prescribed  by  law,  but 
the  representatives  in  the  Senate  shall  never  exceed  one  member 
for  every  5,000  inhabitants,  and  in  the  House  of  Representatives 
one  member  for  every  2,000  inhabitants.  The  representation 
in  both  houses  shall  be  apportioned  equally  throughout  the 
different  sections  of  the  State,  in  proportion  to  the  population 
thereof,  exclusive  of  Indians  not  taxable  under  the  provisions 
of  law. 

SEC.  3.  Each  house  shall  be  the  judge  of  the  election  returns 
and  eligibility  of  its  own  members ; 2  a  majority  of  each  shall 
constitute  a  quorum  to  transact  business,  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members  in  such  manner  and  under  such  penalties  as  it 
may  provide. 

SEC.  4.  Each  house  may  determine  the  rules  of  its  proceedings, 
sit  upon  its  own  adjournment,  punish  its  members  for  disorderly 
behavior,  and,  with  the  concurrence  of  two-thirds,  expel  a  mem- 
ber ;  but  no  member  shall  be  expelled  the  second  time  for  the 
same  offence. 

SEC.  5.  The  House  of  Representatives  shall  elect  its  presiding 
officer,  and  the  Senate  and  House  of  Representatives  shall  elect 
such  other  officers  as  may  be  provided  by  law ;  they  shall  keep 
journals  of  their  proceedings,  and  from  time  to  time  publish  the 
same,  and  the  yeas  and  nays,  when  taken  on  any  question,  shall 
be  entered  on  such  journals. 

SEC.  6.  Neither  house  shall,  during  a  session  of  the  legislature, 
adjourn  for  more  than  three  days  (Sundays  excepted),  nor  to  any 
other  place  than  that  in  which  the  two  houses  shall  be  assembled, 
without  the  consent  of  the  other  house. 

SEC.  7.  The  compensation  of  senators  and  representatives 
shall  be  three  dollars  per  diem  during  the  first  session,  but  may 

1  Amendment  adopted  November  6,  1888. 

2  The  election  of  a  State  senator  or  representative  to  Congress  does  not  necessarily 
create  a  vacancy.     Senate  Journal,  1889,  page  062.     See  opinion  of  Attorney  Gen- 
eral Clapp. 


Appendix 


207 


afterwards  be  prescribed  by  law. l  But  no  increase  of  compensa- 
tion shall  be  prescribed  which  shall  take  effect  during  the  period 
for  which  the  members  of  the  existing  House  of  Representatives 
may  have  been  elected. 

SEC.  8.  The  members  of  each  house  shall  in  all  cases,  except 
treason,  felony,  and  breach  of  the  peace,  be  privileged  from  arrest 
during  the  session  of  their  respective  houses,  and  in  going  to  or 
returning  from  the  same.  For  any  speech  or  debate  in  either 
house  they  shall  not  be  questioned  in  any  other  place. 

SEC.  9.  No  senator  or  representative  shall,  during  the  time  for 
which  he  is  elected,  hold  any  office  under  the  authority  of  the 
United  States  or  the  State  of  Minnesota,  except  that  of  post- 
master, and  no  senator  or  representative  shall  hold  an  office 
under  the  State  which  has  been  created  or  the  emoluments  of 
which  have  been  increased  during  the  session  of  the  legislature 
of  which  he  was  a  member,  until  one  year  after  the  expiration  of 
his  term  of  office  in  the  legislature.2 

SEC.  10.  All  bills  for  raising  a  revenue  shall  originate  in  the 
House  of  Representatives,  but  the  Senate  may  propose  and  concur 
with  amendments  as  on  other  bills. 

SEC.  n.  Every  bill  which  shall  have  passed  the  Senate  and 
House  of  Representatives,  in  conformity  to  the  rules  of  each  house 
and  the  joint  rules  of  the  two  houses,  shall,  before  it  becomes  a 
law,  be  presented  to  the  governor  of  the  State.  If  he  approve,  he 
shall  sign  and  deposit  it  in  the  office  of  secretary  of  state  for 
preservation,  and  notify  the  house  where  it  originated  of  the  fact. 
But  if  not,  he  shall  return  it,  with  his  objections,  to  the  house  in 
which  it  shall  have  originated ;  when  such  objections  shall  be 
entered  at  large  on  the  journal  of  the  same,  and  the  house  shall 
proceed  to  reconsider  the  bill.  If,  after  such  reconsideration, 
two-thirds  of  that  house  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  together  with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered ;  and  if  it  be  approved  by  two- 
thirds  of  that  house  it  shall  become  a  law.  But  in  all  such  cases 
the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays, 
and  the  names  of  the  persons  voting  for  or  against  the  bill  shall 
be  entered  on  the  journal  of  each  house,  respectively.  If  any  bill 
shall  not  be  returned  by  the  governor  within  three  days  (Sundays 


Privileged 
from  arrest. 


Restriction 
as  to  holding 
office. 


Bills  of 
revenue  to 
originate  in 
House. 

Approval  of 
bills  by 
governor. 


Action  on 
non- 
approval. 


1  Made  $5  per  day,  Genera!  Laws,  1873,  ch.  113. 


27  Minn.  466. 


208 


Appendix 


Governor 
may  cut  out 
items  of 
appropria- 
tion bills  and 
otherwise 
approve. 


Money 
appropria- 
tions, how 
made. 


Majority 
vote  of  all 
members- 
elect  to  pass 
a  law. 

Impeach- 
ment powers. 


excepted)  after  it  shall  have  been  presented  to  him,  the  same 
shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless  the 
legislature,  by  adjournment  within  that  time,  prevents  its  return ; 
in  which  case  it  shall  not  be  a  law.  The  governor  may  approve, 
sign,  and  file  in  the  office  of  the  secretary  of  state,  within  three  days 
after  the  adjournment  of  the  legislature,  any  act  passed  during  the 
last  three  days  of  the  session,  and  the  same  shall  become  a  law. 

[If  any  bill  presented  to  the  governor  contain  several  items  of 
appropriation  of  money,  he  may  object  to  one  or  more  of  such 
items,  while  approving  of  the  other  portion  of  the  bill.  In  such 
case  he  shall  append  to  the  bill,  at  the  time  of  signing  it,  a  state- 
ment of  the  items  to  which  he  objects,  and  the  appropriation  so 
objected  to  shall  not  take  effect.  If  the  legislature  be  in  session, 
he  shall  transmit  to  the  house  in  which  the  bill  originated  a  copy 
of  such  statement,  and  the  items  objected  to  shall  be  separately 
reconsidered.  If,  on  consideration,  one  or  more  such  items  be 
approved  by  two-thirds  of  the  members  elected  to  each  house, 
the  same  shall  be  a  part  of  the  law,  notwithstanding  the  objections 
of  the  governor.  All  the  provisions  of  this  section,  in  relation  to 
bills  not  approved  by  the  governor,  shall  apply  in  cases  in  which 
he  shall  withhold  his  approval  from  any  item  or  items  contained 
in  a  bill  appropriating  money.]  1 

SEC.  12.  No  money  shall  be  appropriated  except  by  bill 
Every  order,  resolution,  or  vote  requiring  the  concurrence  of  the 
two  houses  (except  such  as  relate  to  the  business  or  adjournment 
of  the  same)  shall  be  presented  to  the  governor  for  his  signature, 
and,  before  the  same  shall  take  effect,  shall  be  approved  by  him, 
or,  being  returned  by  him  with  his  objections,  shall  be  repassed 
by  two-thirds  of  the  members  of  the  two  houses,  according  to  the 
rules  and  limitations  prescribed  in  case  of  a  bill. 

SEC.  13.  The  style  of  all  laws  of  this  State  shall  be:  "Be  it 
enacted  by  the  Legislature  of  the  State  of  Minnesota."  No  law 
shall  be  passed  unless  voted  for  by  a  majority  of  all  the  members 
elected  to  each  branch  of  the  legislature,  and  the  vote  entered 
upon  the  journal  of  each  house. 

SEC.  14.  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  through  a  concurrence  of  a  majority  of  all 
the  members  elected  to  seats  therein.  All  impeachments  shall 

1  This  paragraph  in  brackets  was  adopted  November  7,  1876. 


Appendix  209 

be  tried  by  the  Senate;  and  when  sitting  for  that  purpose  the 
senators  shall  be  upon  oath  or  affirmation  to  do  justice  according 
to  law  and  evidence.  No  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present. 

SEC.  15.  The  legislature  shall  have  full  power  to  exclude  from  Exclusion 
the  privilege  of  electing  or  being  elected  any  person  convicted  of  flx>m  civil 
bribery,  perjury,  or  any  other  infamous  crime. 

SEC.  16.    Two  or  more  members  of  either  house  shall  have    Protest  and 

liberty  to  dissent  and  protest  against  any  act  or  resolution  which   dissent  of 
,,  ......  .     ..   .  .     ,         ,    members. 

they  may  think  injurious  to  the  public  or  to  any  individual,  and 

have  the  reason  of  their  dissent  entered  on  the  journal. 

SEC.  17.    The  governor  shall  issue  writs  of  election  to  fill  such   Vacancies  in 
vacancies  as  may  occur  in  either  house  of  the  legislature.     The   legislature, 
legislature  shall  prescribe  by  law  the  manner  in  which  evidence 
in  cases  of  contested  seats  in  either  house  shall  be  taken. 

SEC.  1 8.   Each   house  may  punish   by  imprisonment,  during   Punish  for 
its  session,  any  person,   not  a  member,  who  shall   be  guilty   £ 
of  any  disorderly  or  contemptuous  behavior  in  their  presence, 
out  no  such  imprisonment  shall  at  any  time  exceed  twenty-four 
hours. 

SEC.  19.  Each  house  shall  be  open  to  the  public  during  the   Open 
sessions  thereof,  except  in  such  cases  as  in  their  opinion  may   sessions, 
require  secrecy. 

SEC.  20.   Every  bill  shall  be  read  on  three  different  days  in   Reading  of 
each  separate  house,  unless,  in  case  of  urgency,  two-thirds  of  the   bills* 
house  where  such  bill  is  depending  shall  deem  it  expedient  to 
dispense  with  this  rule ;   and  no  bill  shall  be  passed  by  either 
house  until  it  shall  have  been  previously  read  twice  at  length.1 

SEC.  21.   Every  bill  having  passed  both  houses  shall  be  care-  Enrolment 
fully  enrolled,  and  shall  be  signed  by  the  presiding  officer  of  each    of  bills, 
house.     Any  presiding  officer  refusing  to  sign  a  bill  which  shall 
have  previously  passed  both  houses  shall  thereafter  be  incapable 
of  holding  a  seat  in  either  branch  of  the  legislature,  or  hold  any 
other  office  of  honor  or  profit  in  the  State,  and  in  case  of  such 
refusal,  each  house  shall,  by  rule,  provide  the  manner  in  which 
such  bill  shall  be  properly  certified  for  presentation  to  the  gov- 
ernor. 

1  Provision  as  to  manner  of  passing  bills  is  imperative  and  not  directory.    2  Minn. 
530, 


210 


Appendix 


Passage  of 
bills  on  last 
day  of 
session 
prohibited. 


Census 
enumeration. 


Apportion- 
ment. 


Senatorial 
districts  — 
term  of  office 
of  senators 
and  repre- 
sentatives. 


Qualifica- 
tion of 
legislators. 


SEC.  22.  No  bill  shall  be  passed  by  either  house  of  the  legis- 
lature upon  the  day  prescribed  for  the  adjournment  of  the  two 
houses.  But  this  section  shall  not  be  so  construed  as  to  preclude 
the  enrolment  of  a  bill,  or  the  signature  and  passage  from  one 
house  to  the  other,  or  the  reports  thereon  from  committees,  or  its 
transmission  to  the  executive  for  his  signature. 

SEC.  23.  The  legislature  shall  provide  by  law  for  an  enumeration 
of  the  inhabitants  of  this  State  in  the  year  one  thousand  eight  hun- 
dred and  sixty-five,  and  every  tenth  year  thereafter.  At  their  first 
session  after  each  enumeration  so  made,  and  also  at  their  first  ses- 
sion after  each  enumeration  made  by  the  authority  of  the  United 
States,  the  legislature  shall  have  the  power  to  prescribe  the  bounds 
of  congressional,  senatorial,  and  representative  districts,  and  to  ap- 
portion anew  the  senators  and  representatives  among  the  several 
districts  according  to  the  provisions  of  section  second  of  this  article. 

SEC.  24.  The  senators  shall  also  be  chosen  by  single  districts 
of  convenient  contiguous  territory,  at  the  same  time  that  members 
of  the  house  of  representatives  are  required  to  be  chosen,  and  in 
the  same  manner ;  and  no  representative  district  shall  be  divided 
in  the  formation  of  a  senate  district.  The  senate  districts  shall 
be  numbered  in  a  regular  series.  The  terms  of  orifice  of  senators 
and  representatives  shall  be  the  same  as  now  prescribed  by  law 
until  the  general  election  of  the  year  one  thousand  eight  hundred 
and  seventy-eight  (1878),  at  which  time  there  shall  be  an  entire 
new  election  of  all  the  senators  and  representatives.  Representa- 
tives chosen  at  such  election,  or  at  any  election  thereafter,  shall 
hold  their  office  for  the  term  of  two  years,  except  it  be  to  fill  a 
vacancy;  and  the  senators  chosen  at  such  election  by  districts 
designated  as  odd  numbers  shall  go  out  of  office  at  the  expiration 
of  the  second  year,  and  senators  chosen  by  districts  designated  by 
even  numbers  shall  go  out  of  office  at  the  expiration  of  the  fourth 
year ;  and  thereafter  senators  shall  be  chosen  for  four  years,  except 
there  shall  be  an  entire  new  election  of  all  the  senators  at  the 
election  of  representatives  next  succeeding  each  new  apportion- 
ment provided  for  in  this  article. 

SEC.  25.  Senators  and  representatives  shall  be  qualified  voters 
of  the  State,  and  shall  have  resided  one  year  in  the  State  and  six 
months  immediately  preceding  the  election  in  the  district  from 
which  they  are  elected. 


Appendix  211 

SEC.  26.   Members  of  the  Senate  of  the  United  States  from   Senators  to 
this  State  shall  be  elected  by  the  two  houses  of  the  legislature   Congress, 
in  joint  convention,  at  such  time  and  in  such  manner  as  may  be 
provided  by  law. 

SEC.  27.   No  law  shall  embrace  more  than  one  subject,  which    Laws  to 
shall  be  expressed  in  its  title.  embrace  only 

SEC.  28.   Divorces  shall  not  be  granted  by  the  legislature. 

SEC.  29.   All  members  and  officers  of  both  branches  of  the   l        ces* 
legislature  shall,  before  entering  upon  the  duties  of  their  respec-     ~l   ° 
tive  trusts,  take  and  subscribe  an  oath  or  affirmation  to  support 
the  Constitution  of  the  United  States,  the  Constitution  of  the 
State  of  Minnesota,  and  faithfully  and  impartially  to  discharge 
the  duties  devolving  upon  him  as  such  member  or  officer. 

SEC.  30.  In  all  elections  to  be  made  by  the  legislature,  the  Elections 
members  thereof  shall  vote  viva  voce,  and  their  votes  shall  be  viva  voce- 
entered  on  the  journal. 

SEC.  31.   The  legislature  shall  never  authorize  any  lottery,  or   Prohibition 
the  sale  of  lottery  tickets.  of  lotteries. 

SEC.  32  [a].  Any  law  providing  for  the  repeal  or  amendment  of  Change  of 
any  law  or  laws  heretofore  or  hereafter  enacted,  which  provides   form  of  tax' 
that  any  railroad  company  now  existing  in  this  State  or  operating   ^^ds  to 
its  road  therein,  or  which  may  be  hereafter  organized,  shall,  in   be  voted 
lieu  of  all  other  taxes  and  assessments  upon  their  real  estate,   upon, 
roads,  rolling  stock,  and  other  personal  property,  at  and  during 
the  time  and  periods  therein  specified,  pay  into  the  treasury  of 
this  State  a  certain  percentage  therein  mentioned  of  the  gross 
earnings  of  such  railroad  companies  now  existing  or  hereafter 
organized,  shall,  before  the  same  shall  take  effect  or  be  in  force, 
be  submitted  to  a  vote  of  the  people  of  the  State,  and  be  adopted 
and  ratified  by  a  majority  of  the  electors  of  the  State  voting  at 
the  election  at  which  the  same  shall  be  submitted  to  them. 

SEC.  33.   In  all  cases  when  a  general  law  can  be  made  appli-  Against 
cable,  no  special  law  shall  be  enacted ;  and  whether  a  general   special 
law  could  have  been  made  applicable  in  any  case  is  hereby   leSlslatlon- 
declared  a  judicial   question,  and   as   such  shall   be  judicially 
determined  without  regard  to  any  legislative  assertion  on  that 
subject.     The  legislature   shall   pass   no   local   or  special   law 
regulating  the  affairs  of,  or  incorporating,  erecting,  or  changing 
the  lines  of,  any  county,  city,  village,  township,  ward,  or  school 


212 


Appendix 


Repeal  of 
existing 
special  laws. 


Refers  to 
amendment 
of  1881, 
superseded 
as  above. 


district,  or  creating  the  offices,  or  prescribing  the  powers  and 
duties  of  the  officers  of,  or  fixing  or  relating  to  the  compensation, 
salary,  or  fees  of  the  same,  or  the  mode  of  election  or  appoint- 
ment thereto,  authorizing  the  laying  out,  opening,  altering,  vacat- 
ing, or  maintaining  roads,  highways,  streets,  or  alleys ;  remitting 
fines,  penalties,  or  forfeitures ;  regulating  the  powers,  duties,  and 
practice  of  justices  of  the  peace,  magistrates,  and  constables; 
changing  the  names  of  persons,  places,  lakes,  or  rivers  ;  for  open- 
ing and  conducting  of  elections,  or  fixing  or  changing  the  places 
of  voting ;  authorizing  the  adoption  or  legitimation  of  children ; 
changing  the  law  of  descent  or  succession;  conferring  rights 
upon  minors  ;  declaring  any  named  person  of  age  ;  giving  effect 
to  informal  or  invalid  wills  or  deeds,  or  affecting  the  estates  of 
minors  or  persons  under  disability ;  locating  or  changing  county 
seats  ;  regulating  the  management  of  public  schools,  the  building 
or  repairing  of  schoolhouses,  and  the  raising  of  money  for  such 
purposes;  exempting  property  from  taxation,  or  regulating  the 
rate  of  interest  on  money ;  creating  corporations,  or  amending, 
renewing,  extending,  or  explaining  the  charters  thereof;  granting 
to  any  corporation,  association,  or  individual  any  special  or  ex- 
clusive privilege,  immunity,  or  franchise  whatever,  or  authorizing 
public  taxation  for  a  private  purpose.  Provided,  however,  That 
the  inhibitions  of  local  or  special  laws  in  this  section  shall  not 
be  construed  to  prevent  the  passage  of  general  laws  on  any  of 
the  subjects  enumerated. 

The  legislature  may  repeal  any  existing  special  or  local  law, 
but  shall  not  amend,  extend,  or  modify  any  of  the  same.1 

SEC.  34.  The  legislature  shall  provide  general  laws  for  the 
transaction  of  any  business  that  may  be  prohibited  by  section 
one  (i)  of  this  amendment,  and  all  such  laws  shall  be  uniform 
in  their  operation  throughout  the  State.2 

SEC.  35.  Any  combinations  of  persons,  either  as  individuals 
or  as  members  or  officers  of  any  corporation,  to  monopolize  the 

1  Adopted  November  8,  1892. 

*  Adopted  November  8,  1881.  This  section,  having  been  a  part  of  the  amendment, 
regulating  special  legislation,  adopted  in  1881,  should  properly  have  been  included  in 
the  substitution  of  the  amendment  of  1892;  but  as  it  was  not  referred  to  by  section,  in 
the  law  submitted  to  the  people,  it  must  perforce  remain  in  the  Constitution,  however 
inapplicable  its  reading. 


Appendix  213 

markets  for  food  products  in  this  State,  or  to  interfere  with,  or  Against  corn- 
restrict  the  freedom  of  such  markets,  is  hereby  declared  to  be  a   bj)nQ^i^s  °r 
criminal  conspiracy,  and  shall  be  punished  in  such  manner  as  the   affect 
legislature  may  provide.1  markets. 

SEC.  36.  Any  city  or  village  in  this  State  may  frame  a  charter  city  or 
for  its  own  government  as  a  city  consistent  with  and  subject  to  village  may 
the  laws  of  this  State,  as  follows:  The  legislature  shall  provide, 
under  such  restrictions  as  it  deems  proper,  for  a  board  of  fifteen 
freeholders,  who  shall  be  and  for  the  past  five  years  shall  have 
been  qualified  voters  thereof,  to  be  appointed  by  the  district 
judges  of  the  judicial  district  in  which  the  city  or  village  is  situ- 
ated, as  the  legislature  may  determine,  for  a  term  in  no  event  to 
exceed  six  years,  which  board  shall,  within  six  months  after  its 
appointment,  return  to  the  chief  magistrate  of  said  city  or  village 
a  draft  of  said  charter,  signed  by  the  members  of  said  board,  or 
a  majority  thereof.  Such  charter  shall  be  submitted  to  the  Charter  to  be 


qualified  voters  of  such  city  or  village  at  the  next  election  there-        ™ 


after,  and  if  four-sevenths  of  the  qualified  voters  voting  at  such 
election  shall  ratify  the  same  it  shall,  at  the  end  of  thirty  days 
thereafter,  become  the  charter  of  such  city  or  village  as  a  city, 
and  supersede  any  existing  charter  or  amendments  thereof; 
provided,  that  in  cities  having  patrol  limits  now  established, 
such  charter  shall  require  a  three-fourths  majority  vote  of  the 
qualified  voters  voting  at  such  election  to  change  the  patrol 
limits  now  established. 

Before  any  city  shall  incorporate  under  this  act  the  legislature   Legislature 
shall  prescribe   by  law  the  general   limits  within  which  such   to  prescribe 
charter  shall  be  framed.     Duplicate  certificates  shall  be  made   of  charter. 
setting  forth  the  charter  proposed  and  its  ratification,  which 
shall  be  signed  by  the  chief  magistrate  of  said  city  or  village 
and  authenticated  by  its  corporate  seal.     One  of  said  certificates 
shall  be  deposited  in  the  office  of  secretary  of  state,  and  the 
other,  after  being  recorded  in  the  office  of  the  register  of  deeds  for 
the  county  in  which  such  city  or  village  lies,  shall  be  deposited 
among  the  archives  of  such  city  or  village,  and  all  courts  shall 
take  judicial  notice  thereof.     Such  charter  so  deposited  may  be   Amendment 
amended  by  proposal  therefor  made  by  a  board  of  fifteen  com-  of  charter- 
missioners  aforesaid,  published  for  at  least  thirty  days  in  three 

1  Adopted  November  6,  1888. 


2I4 


Appendix 


Upon  appli- 
cation of  five 
per  cent  of 
legal  voters. 


Mayor  and 

legislative 

body. 


Articles  of 
amendment 
may  be 
submitted 
separately. 

General  laws 
for  cities  by 
divisions  of 
population. 


newspapers  of  general  circulation  in  such  city  or  village,  and 
accepted  by  three-fifths  of  the  qualified  voters  of  such  city  or 
village  voting  at  the  next  election,  and  not  otherwise ;  but  such 
charter  shall  always  be  in  harmony  with  and  subject  to  the  Con- 
stitution and  laws  of  the  State  of  Minnesota.  The  legislature 
may  prescribe  the  duties  of  the  commission  relative  to  submit- 
ting amendments  of  charter  to  the  vote  of  the  people,  and  shall 
provide  that  upon  application  of  five  per  cent  of  the  legal  voters 
of  any  such  city  or  village,  by  written  petition,  such  commission 
shall  submit  to  the  vote  of  the  people  proposed  amendments  to 
such  charter  set  forth  in  said  petition.  The  board  of  freeholders 
above  provided  for  shall  be  permanent,  and  all  the  vacancies  by 
death,  disability  to  perform  duties,  resignation,  or  removal  from 
the  corporate  limits,  or  expiration  of  term  of  office,  shall  be  filled 
by  appointment  in  the  same  manner  as  the  original  board  was 
created,  and  said  board  shall  always  contain  its  full  complement 
of  members. 

It  shall  be  a  feature  of  all  such  charters  that  there  shall  be 
provided,  among  other  things,  for  a  mayor  or  chief  magistrate, 
and  a  legislative  body  of  either  one  or  two  houses ;  if  of  two 
houses,  at  least  one  of  them  shall  be  elected  by  general  vote  of 
the  electors. 

In  submitting  any  such  charter  or  amendment  thereto  to  the 
qualified  voters  of  such  city  or  village,  any  alternate  section  or 
article  may  be  presented  for  the  choice  of  the  voters,  and  may 
be  voted  on  separately  without  prejudice  to  other  articles  or 
sections  of  the  charter  or  any  amendments  thereto. 

The  legislature  may  provide  general  laws  relating  to  affairs 
of  cities,  the  application  of  which  may  be  limited  to  cities  of  over 
fifty  thousand  inhabitants,  or  to  cities  of  fifty  and  not  less  than 
twenty  thousand  inhabitants,  or  to  cities  of  twenty  and  not  less 
than  ten  thousand  inhabitants,  or  to  cities  of  ten  thousand 
inhabitants  or  less,  which  shall  apply  equally  to  all  such  cities 
of 'either  class,  and  which  shall  be  paramount  while  in  force  to 
the  provisions  relating  to  the  same  matter  included  in  the  local 
charter  herein  provided  for.  But  no  local  charter,  provision,  or 
ordinance  passed  thereunder  shall  supersede  any  general  law  of 
the  State  defining  or  punishing  crimes  or  misdemeanors.1 

1  Section  36  adopted  November  8, 1898. 


Appendix  215 

ARTICLE  V 
Executive  Department 

SECTION  I.   The  executive  department  shall  consist  of  a  gov-   Officers  in 
ernor,  lieutenant  governor,  secretary  of  state,  auditor,  treasurer,   executive 
and  attorney  general,  who  shall  be  chosen  by  the  electors  of  the     epar 
State.1 

SEC.  2.2  The  returns  of  every  election  for  the  officers  named   Election 
in  the  foregoing  section  shall  be  made  to  the  secretary  of  state,   returns  to  be 
who  shall  call  to  his  assistance  two  or  more  of  the  judges  of  the 
supreme  court,  and  two  disinterested  judges  of  the  district  courts 
of  the  State,  who  shall  constitute  a  board  of  canvassers,  who 
shall  open  and  canvass  said  returns  and  declare  the  result  within 
three  days  after  such  canvass. 

SEC.  3.   The  term  of  office  for  the  governor  and  lieutenant   Official  term 
governor  shall   be   two  years,   and   until   their  successors  are   of  governor 

chosen  and   qualified.     Each   shall   have  attained   the  age   of  an? lieuten' 

ant  governor 
twenty-five  (25)  years,  and  shall  have  been  a  bona  fide  resident   _quaiinca- 

of  the  State  for  one  year  next  preceding  his  election.     Both  tions. 
shall  be  citizens  of  the  United  States. 

SEC.  4.   The  governor  shall  communicate  by  message  to  each   Powers  and 
session  of  the  legislature  such  information  touching  the  State  and   duties  °f 
condition  of  the  country  as  he  may  deem  expedient.     He  shall  be  gov< 
commander-in-chief  of  the  military  and  naval  forces,  and  may 
call  out  such  forces  to  execute  the  laws,  suppress  insurrection, 
and  repel  invasion.     He  may  require  the  opinion,  in  writing,  of 
the  principal  officer  in  each  of  the  executive  departments,  upon 
any  subject  relating  to  the  duties  of  their  respective  offices ; 8  and 
he  shall  have  power,  in  conjunction  with  the  board  of  pardons, 
of  which  the  governor  shall  be  ex-ojficio  a  member,  and  the  other 
members  of  which  shall  consist  of  the  attorney  general  of  the 
State  of  Minnesota,  and  the  chief  justice  of  the  supreme  court  of 
the  State  of  Minnesota,  and  whose  powers  and  duties  shall  be 

1  An  executive  officer  of  the  State  is  not  subject  to  the  control  or  interference  of 
the  judiciary  in  the  performance  of  duties  belonging  to  him  as  an  executive  officer, 
and  no  act  done  or  threatened  to  be  done  by  him  in  his  official  capacity  can  be  brought 
under  judicial  control  or  interference  by  mandamus  or  injunction,  even  when  the  act 
is  purely  ministerial.  29  Minn.  555. 

1  As  amended  November  6,  1877.  *  Adopted  November  3,  1896. 


2l6 


Appendix 


Official  term 
of  other 
executive 
officers. 


Duties  of 
lieutenant 
governor. 


Official 
terms  of 
first  State 
officers. 


[Obsolete.] 


defined  and  regulated  by  law,  to  grant  reprieves  and  pardons 
after  conviction  for  offences  against  the  State,  except  in  cases  of 
impeachment.  He  shall  have  power,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  appoint  a  State  librarian  and  notaries 
public,  and  such  other  officers  as  may  be  provided  by  law.  He 
shall  have  power  to  appoint  commissioners  to  take  the  acknowl- 
edgment of  deeds  or  other  instruments  in  writing,  to  be  used  in 
the  State.  He  shall  have  a  negative  upon  all  laws  passed  by  the 
legislature,  under  such  rules  and  limitations  as  are  in  this  Consti- 
tution prescribed.  He  may  on  extraordinary  occasions  convene 
both  houses  of  the  legislature.  He  shall  take  care  that  the  laws 
be  faithfully  executed,  fill  any  vacancy  that  may  occur  in  the 
office  of  secretary  of  state,  treasurer,  auditor,  attorney  general, 
and  such  other  State  and  district  offices  as  may  be  hereafter 
created  by  law,  until  the  next  annual  election,  and  until  their 
successors  are  chosen  and  qualified. 

SEC.  5.  The  official  term  of  the  secretary  of  state,  treasurer, 
and  attorney  general  shall  be  two  (2)  years.  The  official  term 
of  the  State  auditor  shall  be  four  (4)  years,  and  each  shall 
continue  in  office  until  his  successor  shall  have  been  elected 
and  qualified.  The  further  duties  and  salaries  of  said  executive 
officers  shall  each  be  prescribed  by  law.1 

SEC.  6.  The  lieutenant  governor  shall  be  ex-officio  president  of 
the  Senate ;  and  in  case  a  vacancy  shall  occur,  from  any  cause 
whatever,  in  the  office  of  governor,  he  shall  be  governor  during 
such  vacancy.  The  compensation  of  the  lieutenant  governor 
shall  be  double  the  compensation  of  a  State  senator.  Before  the 
close  of  each  session  of  the  Senate  they  shall  elect  a  president 
pro  tempore,  who  shall  be  lieutenant  governor  in  case  a  vacancy 
should  occur  in  that  office. 

SEC.  7.  The  term  of  each  of  the  executive  officers  named  in 
this  article  shall  commence  on  taking  the  oath  of  office  on  or  after 
the  first  day  of  May,  1858,  and  continue  until  the  first  Monday 
of  January,  1860,  except  the  auditor,  who  shall  continue  in  office 
till  the  first  Monday  of  January,  1861,  and  until  their  successors 
shall  have  been  duly  elected  and  qualified ;  and  the  same  above- 
mentioned  time  for  qualification  and  entry  upon  the  duties  of  their 
respective  offices  shall  extend  and  apply  to  all  other  officers 

1  Adopted  November  6,  1883. 


Appendix  217 

elected  under  the  State  Constitution,  who  have  not  already  taken 
the  oath  of  office,  and  commenced  the  performance  of  their 
official  duties.1 

SEC.  8.   Each  officer  created  by  this  article  shall,  before  enter-   Oath  of 
ing  upon  his  duties,  take  an  oath  or  affirmation  to  support  the   J     Je  ^    e 
Constitution  of  the  United  States  and  of  this  State,  and  faithfully   state 
discharge  the  duties  of  his  office  to  the  best  of  his  judgment  and   officers, 
ability. 

SEC.  9.    Laws  shall  be  passed  at  the  first  session  of  the  legis-    [Obsolete.] 
lature  after  the  State  is  admitted  into  the  Union  to  carry  out  the 
provisions  of  this  article. 

ARTICLE  VI 
Judiciary 

SECTION  i.   The  judicial  power  of  the  State  shall  be  vested  in   Judicial 
a  supreme  court,  district  courts,  courts  of  probate,  justices  of  the   Powers« 
peace,  and  such  other  courts,  inferior  to  the  supreme  court,  as 
the  legislature  may  from  time  to  time  establish  by  a  two-thirds 
vote.2 

SEC.  2.   The  supreme  court  shall  consist  of  one  chief  justice   Supreme 
and  two  associate  justices,  but  the  number  of  the  associate  jus- 
tices may  be  increased  to  a  number  not  exceeding  four,  by  the 
legislature,  by  a  two-thirds  vote,  when  it  shall  be  deemed  neces-   jurisdiction 
sary.     It  shall  have  original  jurisdiction  in  such  remedial  cases  as   and  powers. 
may  be  prescribed  by  law,  and  appellate  jurisdiction  in  all  cases, 
both  in  law  and  equity,  but  there  shall  be  no  trial  by  jury  in  said 
court.     It  shall  hold  one  or  more  terms  in  each  year,  as  the  legis- 
lature may  direct,  at  the  seat  of  government,  and  the  legislature 
may  provide,  by  a  two-thirds  vote,  that  one  term  in  each  year 
shall  be  held  in  each  or  any  judicial  district.     It  shall  be  the  duty    Reporter  of 
of  such  court  to  appoint  a  reporter  of  its  decisions.     There  shall    decisions, 
be  chosen,  by  the  qualified  electors  of  the  State,  one  clerk  of  the 
supreme  court,  who  shall  hold  his  office  for  the  term  of  four  years,    Su6ren°e 
and  until  his  successor  is  duly  elected  and  qualified,  and  the  judges    court. 

1  This  section  was  adopted  April  15,  1858. 

»  Article  VI,  section  i.  The  provision  of  Article  VI,  section  i,  vesting  the  judicial 
powers  of  the  State  in  the  courts  specified  therein,  is  not  infringed  by  the  statute 
authorizing  the  appointment  of  and  trial  of  cases  before  referees,  who  are  merely 
subordinate  officers  of  the  courts,  acting  only  in  an  intermediate  capacity.  5  Minn.  78. 


218 


Appendix 


Election  and 
term  of  office 
for  judges. 


of  the  supreme  court,  or  a  majority  of  them,  shall  have  the  power 
to  fill  any  vacancy  in  the  office  of  clerk  of  the  supreme  court  until 
an  election  can  be  regularly  had.1 

SEC.  3.  The  judges  of  the  supreme  court  shall  be  elected  by 
the  electors  of  the  State  at  large,  and  their  term  of  office  shall  be 
six  years,  and  until  their  successors  are  elected  and  qualified. 

[Whenever  all  or  a  majority  of  the  judges  of  the  supreme  court 
shall,  from  any  cause,  be  disqualified  from  sitting  in  any  case  in 
said  court,  the  governor,  or,  if  he  shall  be  interested  in  the  result 
of  such  case,  then  the  lieutenant  governor,  shall  assign  judges  of 
the  district  court  of  the  State,  who  shall  sit  in  such  case  in  place 
of  such  disqualified  judges,  with  all  the  powers  and  duties  of 
judges  of  the  supreme  court.]  2 

SEC.  4.  The  State  shall  be  divided  by  the  legislature  into 
judicial  districts,  which  shall  be  composed  of  contiguous  territory, 
be  bounded  by  county  lines,  and  contain  a  population  as  nearly 
equal  as  may  be  practicable.  In  each  judicial  district,  one  or 
more  judges,  as  the  legislature  may  prescribe,  shall  be  elected  by 
the  electors  thereof,  whose  term  of  office  shall  be  six  years,  and 
each  of  said  judges  shall  severally  have  and  exercise  the  powers 
of  the  court,  under  such  limitations  as  may  be  prescribed  by  law. 
Every  district  judge  shall,  at  the  time  of  his  election,  be  a  resident 
of  the  district  for  which  he  shall  be  elected,  and  shall  reside 
therein  during  his  continuance  in  office.  In  case  any  court  of 
common  pleas  heretofore  established  shall  be  abolished,  the  judge 
of  said  court  may  be  constituted  by  the  legislature  one  of  the 
judges  of  the  district  court  of  the  district  wherein  such  court  has 
been  so  established,  for  a  period  not  exceeding  the  unexpired 
term  for  which  he  was  elected.8 

SEC.  5.  The  district  courts  shall  have  original  jurisdiction  in 
all  civil  cases,  both  in  law  and  equity,  where  the  amount  in  con- 
troversy exceeds  one  hundred  dollars,  and  in  all  criminal  cases 
where  the  punishment  shall  exceed  three  months'  imprisonment 
or  a  fine  of  more  than  one  hundred  dollars,  and  shall  have  such 
appellate  jurisdiction  as  may  be  prescribed  by  law.  The  legis- 

1  The  supreme  court  shall  consist  of  one  chief  justice  and  four  associate  justices. 
General  Laws ,  1881,  ch.  141. 

1  Paragraph  in  brackets  added  November  7,  1876. 
3  This  section  was  adopted  November  5,  1875. 


Appendix  219 

lature  may  provide  by  law  that  the  judge  of  one  district  may 
discharge  the  duties  of  judge  of  any  other  district  not  his  own, 
when  convenience  or  the  public  interest  may  require  it. 

SEC.  6.   The  judges  of  the  supreme  and  district  courts  shall  be   Qualifica- 
men  learned  in  the  law,  and  shall  receive  such  compensation  at   tions. 
stated  times  as  may  be  prescribed  by  the  legislature ;  which  com- 
pensation shall  not  be  diminished  during  their  continuance  in 
office,  but  they  shall  receive  no  other  fee  or  reward  for  their 
services. 

SEC.  7.   There  shall  be  established  in  each  organized  county   Probate 
in  the  State  a  probate  court,  which  shall  be  a  court  of  record,  and   court, 
be  held  at  such  time  and  places  as  may  be  prescribed  by  law. 
It  shall  be  held  by  one  judge,  who  shall  be  elected  by  the  voters 
of  the  county  for  the  term  of  two  years.     He  shall  be  a  resident   judges  to 
of  such  county  at  the  time  of  his  election,  and  reside  therein  dur-  be  elected, 
ing  his  continuance  in  office;   and  his  compensation  shall  be 
provided  by  law.     He  may  appoint  his  own  clerk  where  none 
has  been  elected  ;  but  the  legislature  may  authorize  the  election, 
by  the  electors  of  any  county,  of  one  clerk  or  register  of  probate 
for  such  county,  whose  powers,  duties,  term  of  office,  and  com- 
pensation shall  be  prescribed  by  law.     A  probate  court  shall   jurisdiction, 
have  jurisdiction  over  the  estates  of  deceased  persons  and  persons 
under  guardianship,  but  no  other  jurisdiction,  except  as  prescribed 
by  this  Constitution. 

SEC.  8.   The  legislature  shall  provide  for  the  election  of  a  suffi-   justices  of 
cient  number  of  justices  of  the  peace  in  each  county,  whose  term   the  peace  to 
of  office  shall  be  two  years,  and  whose  duties  and  compensation  te  ' 

shall  be  prescribed  by  law.  Provided,  That  no  justice  of  the 
peace  shall  have  jurisdiction  of  any  civil  cause  where  the  amount  jurisdiction, 
in  controversy  shall  exceed  one  hundred  dollars,  nor  in  a  criminal 
cause  where  the  punishment  shall  exceed  three  months'  imprison- 
ment, or  a  fine  over  one  hundred  dollars,  nor  in  any  cause  involv- 
ing the  title  to  real  estate. 

SEC.  9.   All  judges  other  than  those  provided  for  in  this  Con-   judges  for 
stitution  shall  be  elected  by  the  electors  of  the  judicial  district,   other  courts 
county,  or  city,  for  which  they  shall  be  created,  nor  for  a  longer  to  be  elected- 
term  than  seven  years. 

SEC.  10.   In  case  the  office  of  any  judge  become  vacant  before  Vacancies— 
the  expiration  of  the  regular  term  for  which  he  was  elected,  the 


22O 


Appendix 


Prohibition 
of  supreme 
or  district 
judges  to 
hold  other 
offices,  or  to 
be  voted  for 
office  while 
in  office. 

Change  of 

judicial 

districts. 

Clerk  of 
court. 


Legal 
pleadings. 


Court  com- 
missioner— 
powers  and 
jurisdiction. 


Elective 
franchise. 


Residence 
required. 


vacancy  shall  be  filled  by  appointment  by  the  governor,  until  a 
successor  is  elected  and  qualified.  And  such  successor  shall  be 
elected  at  the  first  annual  election  that  occurs  more  than  thirty 
days  after  the  vacancy  shall  have  happened. 

SEC.  ii.  The  justices  of  the  supreme  court  and  the  district 
courts  shall  hold  no  office  under  the  United  States,  nor  any  other 
office  under  this  State.  And  all  votes  for  either  of  them  for  any 
elective  office  under  this  Constitution,  except  a  judicial  office 
given  by  the  legislature  or  the  people,  during  their  continuance 
in  office,  shall  be  void. 

SEC.  12.  The  legislature  may  at  any  time  change  the  number 
of  judicial  districts  or  their  boundaries,  when  it  shall  be  deemed 
expedient ;  but  no  such  change  shall  vacate  the  office  of  any  judge. 

SEC.  13.  There  shall  be  elected  in  each  county  where  a  district 
court  shall  be  held,  one  clerk  of  said  court,  whose  qualifications, 
duties,  and  compensation  shall  be  prescribed  by  law,  and  whose 
term  of  office  shall  be  four  years. 

SEC.  14.  Legal  pleadings  and  proceedings  in  the  courts  of  this 
State  shall  be  under  the  direction  of  the  legislature.  The  style 
of  all  process  shall  be,  "  The  State  of  Minnesota,"  and  all  indict- 
ments shall  conclude,  "against  the  peace  and  dignity  of  the  State 
of  Minnesota." 

SEC.  15.  The  legislature  may  provide  for  the  election  of  one 
person  in  each  organized  county  in  this  State,  to  be  called  a  court 
commissioner,  with  judicial  power  and  jurisdiction  not  exceeding 
the  power  and  jurisdiction  of  a  judge  of  the  district  court  at 
chambers ;  or  the  legislature  may,  instead  of  such  election,  confer 
such  power  and  jurisdiction  upon  the  judge  of  probate  in  the 
State. 

ARTICLE  VII 

Elective  Franchise 

SECTION  i  .*  What  persons  are  entitled  to  vote  : 
Every  male  person  of  the  age  of  twenty-one  (21)  years  or 
upwards  belonging  to  either  of  the  following  classes  who  has 
resided  in  this  State  six  (6)  months  next  preceding  any  election 
shall  be  entitled  to  vote  at  such  election  in  the  election  district 
of  which  he  shall  at  the  time  have  been  for  thirty  (30)  days  a 

1  Section  i  adopted  November  3,  1896. 


Appendix  221 

resident,  for  all  officers  that  now  are,  or  hereafter  may  be,  elective 
by  the  people. 

First— Citizens  of  the  United  States  who  have  been  such  for  Citizens  of 
the  period  of  three  (3)  months  next  preceding  any  election. 

Second — Persons  of  mixed  white  and  Indian  blood,  who  have 
adopted  the  customs  and  habits  of  civilization.  Indians 

Third — Persons  of  Indian  blood  residing  in  this  State,  who 
have  adopted  the  language,  customs,  and  habits  of  civilization, 
after  an  examination  before  any  district  court  of  the  State,  in   adopted 
such  manner  as  may  be  provided  by  law,  and  shall  have  been   habits  of 
pronounced  by  said   court  capable  of  enjoying  the   rights   of  c 
citizenship  within  the  State. 

SEC.  2.    No  person  not  belonging  to  one  of  the  classes  specified    Non-eligible. 
in  the  preceding  section ;  no  person  who  has  been  convicted  of  trea- 
son or  any  felony,  unless  restored  to  civil  rights  ;  and  no  person 
under  guardianship,  or  who  may  be  non  compos  mentis  or  insane, 
shall  be  entitled  or  permitted  to  vote  at  any  election  in  this  State. 

SEC.  3.   For  the  purpose  of  voting,  no  person  shall  be  deemed   Residence 
to  have  lost  a  residence  by  reason  of  his  absence  while  employed   not  1(?st  in 
in  the  service  of  the  United  States  ;  nor  while  engaged  upon  the   c 
waters  of  this  State  or  of  the  United  States ;  nor  while  a  student 
in  any  seminary  of  learning ;  nor  while  kept  at  any  almshouse  or 
asylum  ;  nor  while  confined  in  any  public  prison. 

SEC.  4.   No  soldier,  seaman,  or  marine  in  the  army  or  navy  of  Soldiers  and 
the  United  States  shall  be  deemed  a  resident  of  this  State  in   restriction 
consequence  of  being  stationed  within  the  same. 

SEC.  5.    During  the  day  on  which  any  election  shall  be  held,        "' 
no  person  shall  be  arrested  by  virtue  of  any  civil  process. 

SEC.  6.  All  elections  shall  be  by  ballot,  except  for  such  town 
officers  as  may  be  directed  by  law  to  be  othenvise  chosen.  ballots. 

SEC.  7.   Every  person  who  by  the  provisions  of  this  article   Right  to  hold 
shall  be  entitled  to  vote  at  any  election  shall  be  eligible  to  any  office, 
office  which  now  is,  or  hereafter  shall  be,  elective  by  the  people 
in  the  district  wherein  he  shall  have  resided  thirty  days  previous 
to  such  election,  except  as  otherwise  provided  in  this  Constitution, 
or  the  Constitution  and  laws  of  the  United  States.1 

1  Held  restrictive  and  to  disqualify  a  person  from  holding  an  elective  office  who 
was  not  eligible  at  the  date  of  his  election,  though  eligible  at  the  beginning  of  the 
term.  45  Minn.  309. 


222 


Appendix 


Women  may 
vote  and  be 
eligible. 


SEC.  8.1  Women  may  vote  for  school  officers  and  members  of 
library  boards,  and  shall  be  eligible  to  hold  any  office  pertaining 
to  the  management  of  schools  or  libraries. 

Any  woman  of  the  age  of  twenty-one  (21)  years  and  upward 
and  possessing  the  qualifications  requisite  to  a  male  voter  may 
vote  at  any  election  held  for  the  purpose  of  choosing  any  officers 
of  schools  or  any  members  of  library  boards,  or  upon  any 
measure  relating  to  schools  or  libraries,  and  shall  be  eligible  to 
hold  any  office  pertaining  to  the  management  of  schools  and 
libraries.2 

SEC.  9.  The  official  year  for  the  State  of  Minnesota  shall 
commence  on  the  first  Monday  in  January  in  each  year,  and  all 
terms  of  office  shall  terminate  at  that  time;  and  the  general 
election  shall  be  held  on  the  first  Tuesday  after  the  first  Monday 
in  November.  The  first  general  election  for  State  and  county 
officers,  except  judicial  officers,  after  the  adoption  of  this  amend- 
ment, shall  be  held  in  the  year  A.D.  one  thousand  eight  hundred 
and  eighty-four  (1884),  and  thereafter  the  general  election  shall 
be  held  biennially.  All  State,  county,  or  other  officers  elected  at 
any  general  election,  whose  terms  of  office  would  otherwise 
expire  on  the  first  Monday  of  January,  A.D.  one  thousand  eight 
hundred  and  eighty-six  (1886),  shall  hold  and  continue  in  such 
offices,  respectively,  until  the  first  Monday  in  January,  one 
thousand  eight  hundred  and  eighty-seven  (1887).* 

1  Adopted  November  8,  1898. 

*  The  right  to  vote  on  district  school  matters  was  granted  by  chapter  71,  General 
Laws  of  1878;  and  the  right  to  vote  for  county  school  superintendents  was  granted 
by  chapter  204,  General  Laws  of  1885. 

8  Adopted  November  6,  1883. 

The  following  parts  of  the  constitution  are  here  omitted  : 

Article  VIII.     School-funds,  Education,  and  Science. 

Article  IX.     Finances  of  the  State,  and  Banks  and  Banking. 

Article  X.     Of  Corporations  having  no  banking  privileges. 

Article  XI.     Counties  and  Townships. 

Article  XII.     Of  the  Militia. 

Article  XIII.     Impeachment  and  Removal  from  Office. 

Article  XIV.     Amendments  to  the  Constitution. 

Article  XV.    Miscellaneous  subjects. 

Schedule. 


Appendix 


223 


K.   PRESIDENTIAL  VOTE   OF  MINNESOTA 


i860 
Abraham  Lincoln,  Rep.      .    .    . 

99,069 

1884 
Grover  Cleveland,  Dem.  . 

S.  A.  Douglas,  Northern  Dem.   . 
J.  C.  Breckenridge,  South'n  Dem. 

11,920 
748 

James  G.  Blaine,  Rep.  .  .  . 
St.  John,  Pro  

111,685 

4  68* 

Butler  Greenback  .  .  . 

1964 

Abraham  Lincoln,  Rep.      .    .    . 
George  B.  McClellan,  Dem.   .    . 

»5,055 
17,367 

Benjamin  Harrison,  Rep.  .  . 
Grover  Cleveland,  Dem.  .  .  . 
Fisk  Pro 

»4*,49» 
»<H,385 

1868 

U   S.  Grant  Rep  

43«7aa 

1891 

Horatio  Seymour,  Dem.     .    .     . 
1871 

98,096 

Grover  Cleveland,  Dem.  .  .  . 
Benjamin  Harrison,  Rep.  .  . 
James  B.  Weaver,  Peo.  .  .  . 
John  Bidwell  Pro  .  . 

100,990 
123,833 
*9»3'3 

U.  S.  Grant,  Rep  
Horace  Greeley,  Dem  

1876 
R.  B.  Hayes,  Rep  
S.  J.  Tilden,  Dem  

55,7o3 
35,«i 

7«,955 
48,587 

1896 

William  McKinley,  Rep.  .  .  . 
William  J.  Bryan,  Dem.-Pop.  . 
Joshua  Levering,  Pro  
Palmer,  Gold  Dem  

Marhctt  Soc 

»93,5°3 
130,735 
4,338 

3,223 

Peter  Cooper,  Greenback  .    .    . 

1880 

James  A.  Garfield,  Rep.     .    .     . 
W   S   Hancock   Dem 

",389 
93  »9oa 

1900 

William  McKinley,  Rep.  .  . 
William  J.  Bryan,  Dem.-Pop.  . 
John  G.  Wooley,  Pro  
E  Debs  Labor  

954 

190,461 
112,901 
8,555 

3.O65 

James  B.  Weaver,  Greenback     . 

3,967 

J.  B.  Harrimann,  Soc.  Labor  . 

»,3*9 

224 


Appendix 


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Appendix 


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Appendix 


Q.   REFERENCES   TO   MINNESOTA   IN   THE 
CONGRESSIONAL   DOCUMENTS 


SUBJECT 

1 

House 

| 

1 

, 

No. 

Vol. 

Date 

3 

1 

a 

1 

Admission    .     . 

710 

Senate 

Rept. 

35 

ISt 

21 

VII. 

Jan.  26,  1858 

721 

Senate 

Mis.  D. 

35 

ISt 

209 

III. 

Mar.  30,  1858 

Boundary     .     . 

555 

Senate 

Mis.  D. 

30 

ISt 

98 

I. 

Mar.  28,  1848 

785 

Senate 

Mis.  D. 

36 

ad 

7 

— 

Dec.  31,  1860 

Constitution 

710 

Same  as  Admission  Document. 

Census     .     .    . 

710 

House 

Ex.  Doc. 

35 

ISt 

49 

IX. 

Feb.     i,  1858 

727 



Ex.  Doc. 

35 

ISt 

no 

XII. 

April  30,  1858 

Expense  of  the  | 
Territory        j 

607 
626 
671 

House 
House 
House 

Ex.  Doc. 
Ex.  Doc. 
Ex.  Doc. 

32 
32 

34 

ISt 

2d 
ISt 

42 

38 
59 

I. 

IV. 
IX. 

Jan.   22,  1852 
Feb.     3,  1853 
Mar.  17,  1856 

Exploration  .     . 

584 

Senate 

Ex.  Doc. 

3i 

ISt 

42 

X. 

Mar.  31,  1850 

Land   .... 

662 

House 

Ex.  Doc. 

33 

ad 

83 

VIII. 

Feb.  27,  1855 

Land  Grants     . 

651 

House 

Ex.  Doc. 

33 

ISt 

i,  part  2 

I. 

Sept.  15,  1854 

686 

House 

Rept. 

34 

ISt 

344 

III. 

Aug.  13,  1856 

882 

Senate 

Rept. 

4° 

2d 

132 

— 

June  18,  1868 

1003 

House 

Mis.  D. 

43 

ISt 

203 

III. 

Mar.  16,  1874 

1063 

House 

Mis.  D. 

44 

ISt 

130 

V. 

Mar.  13,  1876 

II2I 

Senate 

Rept. 

45 

2d 

259 

II. 

April  16,  1878 

Land  Settlers    . 

1061 

Senate 

Mis.  D. 

44 

ISt 

69 

I. 

Mar.    2,  1876 

1065 

House 

Mis.  D. 

44 

ISt 

140 

V. 

Mar.  20,  1876 

Indians    .     .    . 

642 

House 

Rept. 

33 

ISt 

138 

II. 

April  28,  1854 

683 

House 

Ex.  Doc. 

34 

ISt 

134 

XII. 

July  24,  1856 

802 

Senate 

Mis.  D. 

37 

2d 

77 

— 

April    i,  1862 

809 

Senate 

Mis.  D. 

37 

3d 

7 

— 

Dec.  n,  1862 

812 

House 

Rept. 

37 

3d 

13 

— 

Jan.   26,  1863 

872 

Senate 

Mis.  D. 

40 

2d 

26 

I. 

Feb.     7,  1868 

910 

House 

Mis.  D. 

41 

2d 

104 

III. 

Mar.  28,  1870 

9" 

House 

Mis.  D. 

41 

2d 

120 

III. 

April   4,  1870 

952 

House 

Mis.  D. 

42 

2d 

ISO 

III. 

Mar.  25,  1872 

Sioux   .     .    . 

819 

Senate 

Mis.  D. 

38 

ISt 

37 

I. 

Feb.     i,  1864 

833 

Senate 

Mis.  D. 

38 

2C1 

30 

I. 

Feb.  11,  1865 

858 

Senate 

Mis.  D 

39 

2d 

28 

I. 

Feb.   18,  1868 

Judicial  Dist.    . 

802 

Senate 

Mis.  D. 

37 

2d 

73 

— 

Mar.  26,  1862 

Appendix 


231 


REFERENCES  TO  MINNESOTA.  —  Concluded 


SUBJECT 

I 

House 

3 

| 

• 

No. 

Vol. 

Date 

3 

3 

$ 

1 

Public  Build-  j 

636 

House 

Ex.  Doc. 

33 

xst 

48 

VIII. 

Feb.    6,1854 

ings 

6xa 

House 

Ex.  Doc. 

3* 

xst 

85 

VI. 

Mar.    4,  1852 

Terr.  Govern  't  . 

1190 

House 

Rept. 

46 

2d 

73i 

III. 

April   6,  1880 

Ag.  College  .     . 

813 

Senate 

Mis.  D. 

37 

3d 

as 

— 

Feb.  13,  1863 

Schools    .    .     . 

587 

House 

Rept. 

30 

xst 

270 

II. 

April  ii,  1850 

686 

House 

Rept. 

34 

ISt 

344 

III. 

Aug.  13,  1856 

Swamps  .     .     . 

822 

Senate 

Mis.  D. 

38 

ISt 

63 

I. 

Mar.  10,  1864 

999 

House 

Rept. 

43 

ISt 

149 

I. 

Feb.  24,  1874 

1190 

House 

Rept. 

46 

2d 

733 

III. 

April   6,  1880 

Settlers'  Rights 

1056 

House 

Mis.  D. 

44 

xst 

73 

II. 

Jan.   31,  1876 

1067 

House 

Mis.  D. 

44 

ISt 

158 

V. 

April   3,  1876 

Currency          1 

858 

Senate 

Mis.  D. 

39 

ad 

39 

I. 

Feb.  18,  1867 

Finance 

Railroads     .    . 

66a 

Senate 

Rept 

33 

2d 

547 

I. 

Feb.  27,  1855 

789 

House 

Mis.  D. 

36 

2d 

36 

— 

Feb.    6,1861 

799 

Senate 

Mis.  D. 

37 

2d 

55 

— 

Feb.  24,  1862 

820 

Senate 

Mis.  D. 

38 

xst 

38 

Feb.    8,  1864 

833 

Senate 

Mis  D. 

38 

2d 

22 

Feb.     i,  1865 

834 

Senate 

Mis.  D. 

38 

ad 

34 

Feb.  14,  1865 

862 

Senate 

Mis.  D. 

4<> 

ISt 

20 

— 

Mar.  22,  1867 

872 

Senate 

Mis.  D. 

4«> 

2(1 

27 

Feb.     7,  1868 

876 

Senate 

Mis.  D. 

4° 

sd 

54 

Mar.  21,  1868 

878 

Senate 

Mis.  D. 

4<> 

2d 

73 

April  6,  1868 

908 

Senate 

Mis.  D. 

4» 

2d 

81 

Mar.  14,  1870 

909 

House 

Mis.  D. 

41 

ad 

90 

III. 

Mar.  17,  1870 

1  102 

Senate 

Mis.  D. 

43 

xst 

80 

I. 

Mar.    6,  1874 

1055 

House 

Mis.  D. 

44 

2d 

72 

II. 

Jan.   31,  1876 

I065 

House 

Mis.  D. 

44 

xst 

138 

V. 

Mar.  20,  1876 

1X07 

House 

Rept. 

45 

3d 

120 

I. 

Feb.     5,1878 

INDEX 


Actions,  civil  and  criminal,  no;  in 
justice  of  peace  court,  in. 

Adjutant  general,  169. 

Alderman,  80;  Duluth,  88;  Minne- 
apolis, 84 ;  St.  Paul,  87 ;  salaries, 
80. 

Allouez,  5. 

Amendment  of  constitution,  41,  42. 

American  Fur  Company,  10. 

Appropriation  bills,  57. 

Arrest,   examination,    121 ;    warrant, 

121. 

Assessments,  review  of,  131. 

Attorney,  county,  67;  general  duty, 
51;  pardons,  167. 

Auditor,  county,  64;  county  in  elec- 
tions, 108 ;  State,  51. 

Bail,  admitted  to,  xax. 

Ballots,  preparation,  103;  printing, 
98. 

Bill  of  rights,  40. 

Bills,  passing,  55-56,  57. 

Boards,  care  of  insane,  162 ;  charities 
and  correction,  167 ;  city,  82,  133 ; 
and  commissions,  52-53;  Duluth, 
91 ;  high  school,  148 ;  Minneapolis, 
84;  normal  school,  151 ;  of  equali- 
zation, 131-132;  of  pardon,  167; 
of  St.  Paul,  87 ;  of  State  training 
school,  164. 

Bribery,  elections,  99. 

Candidates,    fees,  99  ;    nomination, 

93- 

Canvassing  of  elections,  105-107. 
Cass,  Lewis,  governor,  7. 
Catlin,  John,  12. 
Charities    and  correction,  board  of, 

55.  167- 

Charter,  commissions,  76-78 ;  Du- 
luth, 88-90 ;  Minneapolis,  84 ;  new 


in  Minneapolis,  85 ;  St.  Paul,  86- 
88 ;  steps  in  securing,  77. 

Charters,  and  villages,  76. 

Cities,  civil  service,  83 ;  classification, 
78 ;  comptroller  and  treasurer,  82 ; 
council  powers,  80;  executive  80; 
home  rule,  76;  justice  of  peaoe, 
in;  municipal  courts,  112;  mu- 
nicipal ownership,  89;  police,  82; 
population  of,  184-185 ;  wards,  79. 

Citizens,  Indian,  91;  militia,  162;  of 
U.  S.  and  State,  91, 161 ;  restrictions 
upon,  92;  women,  91. 

City,  boards,  82,  133 ;  indebtedness, 
81;  local  government,  46 ;  offices, 
232 ;  salaries  of  officers,  79. 

Civil  procedure,  116-121. 

Civil  service,  municipal,  83. 

Civil  war,  Minnesota,  22. 

Classes,  social  number,  158 ;  special, 

159. 
Clerk,  of  court,  118,  124;   supreme 

court,  58. 

Commissioners,  county,  64,  65,  137. 
Commissions  and  boards,  52-53. 
Comptroller,  city,  82. 
Congress,    documents    referring    to 

Minnesota,  230 ;  militia,  159,  168. 
Constitution,  amendment  of  1896,  76; 

amendment  and   revision,  40-41 ; 

and  the  legislature,  55 ;  convention, 

19;  of  Minnesota,  39,  202-222;  of 

the  United  States,  39. 
Convention,  constitutional,  19,  42. 
Conventions,  party,  97. 
Coroner,     duties,    66;     relation    to 

sheriff,  67. 

Corporations,  gross  earnings,  136. 
Council,   Duluth,  88;    Minneapolis, 

85;     powers,    80;     St.    Paul,    87; 

village  and  town,  74-76. 
Counties,  population  of,  176-179, 


233 


234 


Index 


County,  45 ;  attorney,  67 ;  auditor,  64 ; 
auditor  in  elections,  108 ;  the  busi- 
ness of,  62;  canvassing  elections, 
107;  commissioners,  63;  commis- 
sioners appeal  to  district  courts, 
113;  commissioners  and  villages, 
73;  commissioners  and  township, 
71 ;  officers,  64,  78,  226 ;  organiza- 
tion of,  62-63 ;  powers  of,  63 ;  rela- 
tion to  State,  60 ;  removal  of  officers, 
68  ;  superintendent,  67  ;  treasurer 
of,  65. 

Court,  commissioners,  68  ;  supreme, 
new  trial,  119;  village,  75. 

Courts,  appeal,  classification,  no, 
119;  civil  procedure,  116-120;  dis- 
trict, 59;  function  of,  109;  local 
and  district,  no-in  ;  military,  173 ; 
municipal,  59,  112;  probate,  60, 
113 ;  of  State,  58-60 ;  supreme,  115 ; 
supreme  judges,  58. 

Crime,  actions  for,  no;  defined,  121 ; 
institutions  for  correction,  163. 

Deeds,  register  of,  65. 

Defectives,  care  of,  161 ;  schools  for, 
161. 

District  court,  appeals  to,  114;  juris- 
diction of,  114. 

Divisions,  administrative,  43-47. 

Du  Lhut,  Sieur,  5. 

Duluth,  boards,  89;  charter,  88-89; 
municipal  ownership,  89;  officers, 
89 ;  officers'  removal,  89. 

Education,  139-157. 

Election,  campaign  committees,  too; 
canvassing  boards,  106-108;  con- 
duct of,  104-106;  corrupt  prac- 
tices act,  99;  expenses  of,  100; 
judges  of,  105;  machinery  of, 
102;  preparation  of  ballots,  103; 
primary,  93;  registration,  102;  re- 
sult of  corrupt  practices  act,  loi ; 
senatorial  canvassing  board,  107 ; 
State  canvassing  board,  107-108. 

Enabling  act,  196-199 ;  contents,  17- 
18 ;  Minnesota,  17. 

English  in  Minnesota,  6-7. 

Equalization  boards,  131-2, 


Executive  of  the  State,  48-50. 
Expeditions,  7-8. 

Expenditures,  checks  on,  136;  city, 
138 ;  of  Minnesota,  136 ;  of  money, 

136- 
Explorers,  4,  5,  6,  7. 

Farmers'  institutes,  154. 

Franchise,    Minnesota,    90-93 ;    the 

law  of,  91. 
French  explorers,  4,  5. 

Government,  act  to  establish  the  Ter- 
ritory, 186-195 1  central,  43-44,  48- 
60;  enabling  act,  196-199;  local, 
44;  object  of,  172;  organization,  21. 

Governor,  appropriations,  57 ;  board 
of  pardons,  167 ;  charities  and  cor- 
rection, 167 ;  officers  appointed  by, 
51-52;  powers,  49-50;  the  Terri- 
tory, 13. 

Governors  of  Minnesota,  173. 

Grosseillier,  explorer,  5. 

Habeas  Corpus,  and  prisoner,  121. 
Health,  board  of,  53 ;  in  township,  72. 
Hennepin    County,    commissioners, 

64. 

Hennepin,  Father,  5. 
High  schools,  147. 
History,  chronological  arrangement, 

31-37. 
Hudson  Bay  Company,  6. 

Impeachment,  method  and  persons 
impeached,  57. 

Indians,  as  citizens,  91 ;  Sioux  mas- 
sacre, 23-26 ;  treaties,  10. 

Indictment,  defined,  123;  drawn  by 
attorney,  68. 

Industry,  development  of,  30-31. 

Insane,  care  of,  162-163. 

Institutions,  charitable,  161-163 ;  clas- 
sified, 159;  cost  of,  168. 

Iron,  Mesabi  and  Vermillion  ranges, 
2. 

Issues,  in  civil  trial,  117. 

Judges,  district  courts,  59 ;  duties  of 
election,  105 ;  election,  104 ;  su- 
preme court,  58,  115. 


Index 


235 


Judiciary,  44;  legislature,  no. 

jury,  grand,  122,  123;  petit,  118; 
trial,  40;  trial  before,  119;  verdict, 
124. 

Justice,  administration  of,  109,  126; 
city,  112;  of  peace,  59,  in;  safe- 
guards, 125. 

Land  grants  to  railroads,  27. 

Law,  greatness  of,  126. 

Legislature,  44 ;  and  charters,  78-79 ; 
cities,  77;  andjudiciary.no;  con- 
trol over  local  governments,  47; 
limited,  55 ;  meeting,  membership, 
qualifications,  53-54 ;  members  of 
first,  175 ;  method  of  passing  bills, 
55-56. 

Le  Sueur,  5. 

Libraries, school,  156 ;  travelling,  156 ; 
board  of  travelling,  157. 

Lieutenant  governor,  50. 

Local  government,  61-90;  control 
of  legislature  over,  47 ;  money  mat- 
ters, 138. 

Louisiana  purchase,  6. 

Mayor,  appointments,  80;  Duluth, 
88;  Minneapolis,  84;  St.  Paul,  86; 
towns  and  villages,  73, 76 ;  veto,  81. 

Menard,  missionary,  5. 

Mesabi  iron  range,  2. 

Militia,  160;  and  citizens,  168;  courts 
of,  170;  enlistment,  170;  excep- 
tions to  service,  169 ;  expenses  of, 
171 ;  organization,  169 ;  State,  168- 
171. 

Minerals,  3. 

Minneapolis,  aldermen,  79;  boards, 
84;  charter,  84;  new  charters,  85 ; 
sketch  of  history,  83-85. 

Minnesota,  act  of  admission,  200- 
201;  admitted,  20;  citizens,  90-91 ; 
Civil  War,  22 ;  Congressional  docu- 
ments referring  to,  230;  constitu- 
tion of,  202-222;  education  in,  139; 
enabling  act,  16 ;  governors,  177 ; 
opposition  to  admission,  16-17; 
population,  10;  population  in  1849, 
175 ;  population  by  counties,  176- 
179. 


Missionaries,  9,  n. 
Municipal  courts,  59. 

Naval  reserves,  160;  organization, 
171. 

Nicollet,  Jean,  5. 

Nomination  by  petition,  98;  candi- 
dates, 93. 

Normal  schools,  courses  of  study. 

Northwest  Territory,  xx. 
Notaries  public,  60. 

Officers,  appointed  by  governor,  51- 
52;  city,  229;  city  salaries,  79; 
county,  226 ;  State,  224-225 ;  town- 
ship, 72;  town,  227;  village,  228. 

Pardons,  board  of,  166. 

Parties,  campaign  committee  of,  100. 

Party,  convention,  97. 

Personal  property,  taxation  of,  134. 

Petition,  nomination  by,  98. 

Pike,  Lieutenant  Zebulon,  7. 

Police  in  cities,  82. 

Population,  cities,  184;   growth,  30; 

growth  of,  176-180;   Minnesota  in 

1849,  176;  nativity  of,  180-185. 
Presentmrnt  defined,  123. 
President,  vote  for,  1860-1900.  223. 
Primary,  call  for,  96-97 ;  elections,  93 ; 

holding  of,  94;  organization,  96. 
Prison,  parole  system,  166;   profits, 

166;  State,  165. 
Probate,  court,  59, 113;  will  in  court, 

113. 
Procedure,  civil,  116-121;   criminal, 

120,  126. 

Products  of  Minnesota,  30-31. 

Property,  assessment  of,  129;  assess- 
ors of,  130;  exempted,  130;  tax, 
real,  134. 

Public  schools,  139. 

Radisson,  explorer,  5. 
Railroad  commissioners,  53. 
Railroads,    bonds    repudiated,    28; 

mileage,  29 ;  the  State  and,  27-29. 
Ramsey,  Governor,  14-22. 
Reformatory,  State,  163. 
Register  of  deeds,  65. 


236 


Index 


Registration,  election,  102;  in  cities, 
103. 

Removals,  by  governor,  49. 

Representatives,  structure  of  House 
of,  54 ;  qualifications  for  member- 
ship, 54. 

Revenue,  sources  of,  128;  State,  127- 

138. 
Revision  of  constitution,  41-42. 

St.  Paul,  boards,  87;  council,  87; 
history  and  charter,  85-87 ;  mayor 
and  officers,  86. 

Schoolcraft,  explorer,  8. 

Schools,  administration,  146;  com- 
mon, 142;  county  superintendent, 
68;  districts,  140-143;  division  of, 
146 ;  for  defectives,  163 ;  grading  of, 
143;  growth  of  system,  139;  high 
schools,  140;  independent  school 
districts,  142 ;  normal  schools,  140 ; 
organization  of,  141;  rural,  146; 
semi-graded  and  graded,  147;  State 
training,  164 ;  support  of,  144. 

Secretary  of  State,  50. 

Settlements,  8,  9. 

Sheriff,  duties,  66. 

Sibley,  H.  H.,  13. 

Sioux  massacre,  23-26. 

Soldiers'  home,  162. 

State,  object  of,  172;  care  of  chil- 
dren, 161;  care  of  insane,  162; 
citizens,  158;  cost  of  institutions 
to,  168 ;  expenses  of  militia,  171 ; 
militia,  168-171;  naval  reserves 
171 ;  offences  against,  no ;  officers 
227-228;  prison,  165;  protection 
of,  159-172;  reformatory,  164;  re- 
stricted powers,  38 ;  revenues,  130- 
142;  Secretary  of,  50;  soldiers 
home,  162;  treasurer,  135;  uni 
versity,  152. 

Suffrage,  conditions  of,  93. 

Superintendent  of  public  instruction 
149. 

Supreme  court,  58-59, 115 ;  new  tria 
119. 

Taxation,  collection,  134;  estimate, 
of,  133 ;  gross  earnings,  136 ;  kind 
of,  128;  levying  and  Collection  o 


132;  of  property,  134;  personal 
property,  134 ;  poll-tax,  129 ;  school, 
144. 

Teachers'  certificate,  149. 

Territory,  act  to  establish,  186-195; 
delegate,  13 ;  enabling  act,  13, 196 ; 
government  of,  13,  14,  15 ;  organi- 
zation, ii ;  physical,  2. 

Text-books,  free,  154. 

Topography  of  the  State,  2. 

Town  officers,  227 ;  board  of  taxa- 
tion, 131 ;  judiciary  functions,  46. 

Township,  and  county  commission- 
ers, 71 ;  defined,  69 ;  officers,  72 ; 
origin,  69;  political  organization, 
70;  powers,  72. 

Traders  in  Minnesota,  9. 

Treasurer,  settlement  of  accounts  of, 
135;  city,  82;  county,  65;  State, 
duty,  51. 

Treaties,  Indian,  10. 

Trial,  civil,  steps  in,  116;  criminal, 
120;  decisions  in,  120;  new,  119; 
review  of,  125  ;  venue,  125 ;  verdict, 
124. 

University  of  Minnesota,  141,  152; 
board  of  regents,  153;  depart- 
ments and  degrees,  152;  endow- 
ment, 141 ;  geological  survey,  154 ; 
relation  to  schools,  152. 

Vacancies  in  State  offices,  49. 

Venue,  change,  125. 

Vermillion  iron  range,  2. 

Veto,  governor,  49;  legislature,  56; 
mayor,  81. 

Village,  court,  75;  officers,  228;  or- 
ganization, 73 ;  powers,  74. 

Villages,  and  charter,  76 ;  classes,  75 ; 
officers,  75. 

Vote,  presidential,  1860-1900,  223. 

Voters,  registered  in  cities,  103 ;  who 
are,  90. 

Wards,  city,  79. 
Warrant  for  arrest,  121. 
Will,  probating,  113. 
Wisconsin  admitted,  12. 
Women,  citizens,  91. 
Writs-and  processes,  114-113. 


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